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‘GENERAL CONSENT’ TO CBI

17th June, 2023

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Context: The Tamil Nadu government has withdrawn the general consent given to the Central Bureau of Investigation (CBI) to investigate the cases in the state without prior permission from it. This means that the CBI will have to seek the state government's approval before taking up any case in Tamil Nadu.

Details

  • The move comes amid a political tussle between the State Government and the Union government over various issues, including the NEET exam, the Mekedatu dam project and the GST compensation.
  • The withdrawal of general consent does not affect the ongoing cases handled by the CBI in Tamil Nadu. However, it may hamper the agency's ability to take up new cases, especially those involving central government officials or agencies. The CBI will have to approach the state government or the high court for permission to investigate such cases.

Tamil Nadu is not the first state to withdraw general consent to the CBI. Several other states, such as West Bengal, Maharashtra, Rajasthan, Chhattisgarh and Kerala, have also done so in recent years. These states have also cited political interference and misuse of power by the central government as reasons for their decision. The CBI has challenged some of these decisions in the Supreme Court, which is yet to give its verdict. 

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GENERAL CONSENT FOR CBI: https://www.iasgyan.in/daily-current-affairs/general-consent-for-cbi#:~:text=The%20Central%20Government%20can%20authorise,the%20consent%20of%20the%20State.

PRACTICE QUESTION

Q. The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) are two of the most powerful agencies in India that deal with corruption and money laundering cases. However, in recent years, there have been allegations of political misuse of these agencies to target and harass opposition leaders and dissenters. How can the misuse of CBI and ED by the government be prevented and what are the challenges and way forward for ensuring the independence and accountability of these agencies?

https://timesofindia.indiatimes.com/city/chennai/tn-govt-withdraws-general-consent-given-to-cbi-to-probe-cases-without-prior-nod/articleshow/100998826.cms