UPSC Mains 2021 GS2 Q11 — Federalism and CBI
The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Explain
- Scope keywords
- jurisdiction of the Central Bureau of Investigationlodging an FIRconducting probe within a particular Statepower of the States to withhold consentnot absolutefederal character of India
- Implicit sub-parts
- Legal basis of CBI's jurisdiction under the Delhi Special Police Establishment Act, 1946.
- The distinction between General Consent and Case-specific Consent.
- Constitutional limitations on state consent, specifically the role of the Judiciary (High Courts and Supreme Court).
- Conflict between State police powers (Entry 2, List II) and Central investigative oversight.
- Impact of political friction on the 'Cooperative Federalism' model.
- Common pitfalls
- Focusing too much on the history/origin of the CBI instead of current jurisdictional conflicts.
- Failing to mention that the Supreme Court can order a CBI probe without State consent under Article 32 or 226.
- Treating the issue as purely political without citing the DSPE Act or relevant case laws like the 'State of West Bengal v. Committee for Protection of Democratic Rights'.
- Ignoring the 'Police' being a State Subject under the Seventh Schedule which forms the core of the federal tension.
- Dimensions required
- Legal/StatutoryConstitutionalJudicialFederal/Political
- Marks allocation hint
Allocate 50 words to the DSPE Act and the concept of general consent. Dedicate 100 words to explaining why state power is not absolute, focusing on judicial intervention and cases involving central employees. Spend the final 100 words analyzing the impact on the federal character, balancing state autonomy with the need for impartial investigations.
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