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Karnataka Withdraws General Consent for CBI
Context:
On September 26, 2024, during a Cabinet meeting chaired by Chief Minister Siddaramaiah, the Karnataka government withdrew general consent for the CBI, citing misuse of the agency’s powers by the Centre, with the decision stated as unrelated to recent court rulings against the Chief Minister.
Background:
- High Court Ruling: The Karnataka High Court upheld the Governor’s decision to sanction prosecution against the Chief Minister in a corruption case, though Patil claimed the withdrawal was unrelated.
- Historical Precedent: Karnataka joins eight other states (including Punjab, West Bengal, Tamil Nadu, and Meghalaya) that have withdrawn general consent for the CBI.
Definition of General Consent:
- Legal Framework: Governed by The Delhi Special Police Establishment (DSPE) Act, 1946.
- Nature of Consent:
- General Consent: Allows CBI to operate without requiring permission for each case.
- Case-Specific Consent: Required when general consent is not granted; CBI must seek state approval for each investigation.
Implications of General Consent:
With General Consent:
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- Seamless Investigations: CBI can register cases and investigate without state permission.
- No Requirement for Approval: CBI does not need prior approval to enter the state for investigations.
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Withdrawal of General Consent:
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- Restrictions on CBI: Cannot register new cases involving central officials or private individuals without state approval.
- Ongoing Investigations: Cases registered prior to the withdrawal can continue without interruption.
- Need for Specific Consent: For any new case, CBI must seek specific consent from the state government.
- Limited Powers: Without consent, CBI officers lack police powers within the state.
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Historical Context of Consent Withdrawals:
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- Mizoram: First to withdraw consent in 2015; restored in December 2023.
- West Bengal: Withdrawn in November 2018 by Mamata Banerjee, citing misuse of CBI for political vendetta.
- Andhra Pradesh: Followed suit in November 2018; restored consent under Y S Jagan Mohan Reddy’s government.
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Allegations of Political Misuse:
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- Political Context: Many states allege the CBI is used by the central government to target opposition parties.
- Supreme Court Concern: In 2021, noted pending requests for investigation sanctions due to withdrawn general consent.
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Importance of General Consent:
- Facilitates Cooperation: Ensures smooth collaboration between CBI and state governments, especially in corruption cases.
- Challenges Post-Withdrawal: Without consent, CBI faces complications in investigating cross-state matters and cases involving central schemes.
About the Central Bureau of Investigation (CBI):
- Function: Premier investigative agency under the Ministry of Personnel, Pension & Public Grievances, Government of India.
- Establishment: Formed in 1963 following the Santhanam Committee’s recommendation on preventing corruption.
- Role: Nodal agency coordinating investigations on behalf of Interpol member countries.
