CBI GENERAL CONSENT WITHDRAWN – POLITY
News: T.N. withdraws general consent granted to CBI
What is in the news?
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Recently, The Tamil Nadu
government announced that it has withdrawn the general consent given to the
Central Bureau of Investigation under Section 6 of the Delhi Special Police
Establishment (DSPE) Act.
Key takeaways from the
news:
●
As per Section 6 of the DSPE Act, 1946, the CBI needs consent from the respective State
governments for conducting investigation in their jurisdiction.
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A general consent to CBI granted by State governments enables the central
agency to carry out investigations without such hindrances.
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Due to Tamil Nadu’s
withdrawal of general consent, the CBI should henceforth seek prior permission
from the Tamil Nadu government for undertaking investigation due to this
general consent withdrawn.
●
States which withdrew
their general consent include Mizoram,
West Bengal, Chhattisgarh, Rajasthan, Kerala, Jharkhand, Punjab and Meghalaya
had withdrawn their general consent given to CBI.
●
Mizoram withdrew its
general consent in July 2015, West Bengal did it in November 2018 and
Chhattisgarh in January 2019.
Central Bureau of Investigation:
About:
●
Central Bureau of
Investigation (CBI) is the premier investigating police agency in India.
Year of establishment:
●
It was established based
on the recommendations of the Santhanam
Committee on Prevention of Corruption (1962–1964).
Statutory backup:
●
The CBI is not a statutory body but derives its
power to investigate from the Delhi Special Police Establishment Act, 1946.
Nodal Ministry:
●
Ministry of Personnel,
Pension and Public Grievances.
Functions:
●
It acts as the nodal police agency in India which
coordinates investigations on behalf of Interpol
Member countries.
●
It provides assistance to the Central Vigilance Commission
and Lokpal.
CBI Director appointment:
●
Based on the recent
Supreme Court Order, the CBI director is appointed based on the recommendation
of the search cum selection committee.
●
This search cum selection committee includes,
○ Prime
Minister of India
○ Chief
Justice of India or Supreme Court judge nominated by him.
○ Leader
of Opposition in Lok Sabha.