The Supreme Court has said that the Centre cannot step into the state for the CBI investigation in any case without the “permission” of the state concerned.
“As per law, state consent is a must and the Centre cannot extend CBI jurisdiction without the state’s consent. The law is in tune with the federal structure of the constitution,” the Supreme Court ruled on Wednesday.
Recently, eight states namely, Rajasthan, Bengal, Jharkhand, Kerala, Maharashtra, Chhattisgarh, Punjab and Mizoram have cancelled consent for CBI probes in their states.
“Though Section 5 enables the Central Government to extend the powers and jurisdiction of Members of the DSPE (CBI) beyond the Union Territories to a state, the same is not permissible unless, a state grants its consent for such an extension within the area of state concerned under Section 6 of the DSPE Act. Obviously, the provisions are in tune with the federal character of the constitution, which has been held to be one of the basic structures of the constitution,” the apex court ruled.