GENERAL CONSENT (Syllabus: GS Paper 2 – Polity)

Context: The Supreme Court upheld the West Bengal government's suit against the Union government, alleging "constitutional overreach" for using the CBI to investigate cases in the state without its general consent.

General Consent

• Definition: It is the approval given by State governments to the Central Bureau of Investigation (CBI) to carry out investigations within their jurisdictions without requiring individual case-by-case permissions.
• Purpose: It is given by States to facilitate the CBI's seamless investigation into corruption charges against Central government employees in their territories.
• Legal Requirement under the DSPE Act: Under Section 6 of the DSPE Act, the CBI must obtain consent from the concerned State government before initiating an investigation within its jurisdiction.
• Importance of Permission: This permission is crucial since “police” and “public order” are subjects that fall within the State List under the seventh schedule of the Constitution.
• Exception: No such prior consent is necessary for investigations in Union territories or railway areas.
• Withdrawal: Since 2015, several States such as Chhattisgarh, Jharkhand, Kerala, Mizoram, Punjab, Rajasthan, Telangana, Meghalaya, and West Bengal have revoked their general consent.

o These States allege that the Centre is misusing the federal agency to unfairly target the Opposition.

• Impact of Withdrawal: In the absence of such an omnibus consent, the CBI is unable to register any fresh cases in these States without the explicit permission of the respective State governments.