The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (Answer in 250 words)

The CBI derives its investigative authority from the Delhi Special Police Establishment Act, 1946. Section 6 generally requires state consent for investigation within a state, reflecting federal distribution of police powers.

Federal balance

• Police and public order are State List subjects; general consent protects State autonomy and prevents routine central intrusion.
• States may withdraw general consent, after which specific consent is ordinarily needed.
• However, Union institutions, inter-state crime and constitutional rule of law require effective investigation.

Why consent is not absolute

• The Supreme Court may direct a CBI investigation under Articles 32 or 226 in exceptional cases to protect fundamental rights and public confidence.
• State consent cannot defeat judicial orders, nor shield serious offences from impartial investigation.
• Consent disputes should be resolved through statutory clarity, cooperation and safeguards against political misuse.

Keywords: constitutional values; governance; public institutions; accountability; inclusive development.