Karnataka Withdraws ‘general consent’ to CBI

Syllabus: GS2/Polity and Governance

Context

• The Karnataka government has withdrawn general consent for the Central Bureau of Investigation (CBI) to investigate cases in the state, citing misuse of power and lack of communication.

About

• With this, Karnataka has joined the list of states (such as Punjab, West Bengal, Tamil Nadu and Meghalaya) in withdrawing general consent for the CBI in recent years.
• Traditionally, almost all states have given CBI general consent. However, since 2015, several states have begun to act differently.
  • In 2015, Mizoram became the first state to withdraw the general consent. Although the state restored it in 2023. 
• At the time of withdrawing consent, all states alleged that the Union government was using the CBI to unfairly target the opposition. 

What is general consent to the CBI?

• General consent is an approval given by a state government to the Central Bureau of Investigation (CBI), allowing it to operate freely within the state without the need to seek permission every time the agency takes up a case or enters the state for investigation.
•  The general consent is important because law and order are state subjects, and the CBI, being a central agency, needs state permission to exercise its jurisdiction within a state.
• Two Types of Consent:
  • General Consent: Allows the CBI to conduct investigations within the state without requiring fresh approval for each case.
  • Case-Specific Consent: When general consent is not given or is withdrawn, the CBI must seek consent from the state government for every individual case it takes up.
• Implications of General Consent:
  • Seamless Operations: With general consent in place, the CBI can register cases and carry out investigations without the need to seek case-by-case approval.
  • No Fresh Permission: The agency does not need to apply for consent every time it enters the state or takes on new cases.
• Withdrawal of General Consent:
  • When a state withdraws general consent, the CBI cannot register any new cases involving state matters, central government officials, or private individuals without prior approval from the state government.
  • Ongoing Investigations: The CBI can continue investigating cases that were registered before the withdrawal of general consent.
  • New Cases: For any new case, the CBI will have to seek specific consent from the state government.
• State-Specific Consent:
  • If general consent is withdrawn, the CBI must seek specific consent from the state government for each new investigation.
  • Without specific consent, the CBI officers do not have the powers of police personnel within the state.
• Impact of Non-Consent:
  • If a state does not grant either general or specific consent, the CBI’s investigative powers in that state become severely limited, and the agency cannot act independently within that jurisdiction.

Importance of General Consent

• General consent allows for smooth cooperation between the central agency and state governments, ensuring that the CBI can investigate corruption or other cases involving central government officials or cross-state matters.
• The withdrawal of consent can create complications, as the CBI may find it challenging to investigate cases involving central agencies, central schemes, or interstate operations without the cooperation of state governments.

Source:IE