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CBI: Institutional Autonomy Vs. Public Accountability

Recently, Andhra Pradesh and West Bengal government withdrew “general consent” to the CBI for investigating cases in their respective states. This comes in the backdrop of internal turmoil within CBI marked by open war among the agency’s top officers as well as allegations that the Centre is using CBI to silence Opposition. This brings back the old debate of CBI being a Caged Political Parrot.

Immediate Impact and Long-term Impact

  • The withdrawal of general consensus means that the CBI will not be able to register any fresh case involving a central government official or a private person stationed in these two states without getting case-specific consent. However it has to be noted that the CBI would still have the power to investigate old cases registered when general consent existed. Also, cases registered anywhere else in the country, but involving people stationed in Andhra Pradesh and West Bengal would allow CBI’s jurisdiction to extend to these states.
  • The long term impact of this decision however, would have far reaching consequences. In a democratic polity like India where cooperative federalism is need of the hour, withdrawal of consent emphasizes lack of trust reposed by the state government on the central government. ‘Accountability Committee’, an earlier experiment of a panel of retired judges overseeing CBI investigations related to graft needs to be revived and enforced to upheld institutional autonomy as well as the public interest.

General Consent and its Purpose

  • CBI is governed by the Delhi Special Police Establishment Act. This Act ensures CBI has jurisdiction over conduct of central government departments and its employees. Therefore for CBI to investigate a case involving state government employees or a violent crime in any given state requires the consent of the respective state. This consensus is given on a case by case basis or a “general consensus” is provided so as to help CBI seamlessly conduct its investigation into cases of corruption. Almost all states have given such general consent.