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General consent  

5th March, 2022

Copyright infringement is not intended

 

Context: Meghalaya became the 9th state to withdraw consent to the CBI to investigate cases in the state.

 

Details:

  • Meghalaya has withdrawn consent to the CBI to investigate cases in the state, becoming the ninth state in the country to have taken this step.

 

About General consent:

  • The Central Bureau of Investigation (CBI) is governed by the Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government before beginning to investigate a crime in a state.
  • General consent is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states.
  • In the absence of general consent, CBI would have to apply to the state government in every case, and before taking even small actions.

 

About Central Bureau of Investigation (CBI):

  • The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel.
  • The Special Police Establishment setup in 1941 was also merged with the CBI.
  • The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
  • The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.
  • The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration.
  • It also provides assistance to the Central Vigilance Commission and Lokpal.
  • The CBI investigates crime of corruption, economic offences and serious and organized crime other than terrorism.
    • For terrorism: The National Investigation Agency (NIA) has been constituted after the Mumbai terror attack in 2008 mainly for investigation of incidents of terrorist attacks, funding of terrorism and other terror related crime.
  • CBI is headed by a Director. He is assisted by a special director or an additional director.
  • The Central Government appoints the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court nominated by him.

 

https://indianexpress.com/article/explained/what-is-general-consent-for-cbi-now-withdrawn-by-meghalaya-7800997/