UPSC Prelims Marathon Quiz

Recently, the Supreme Court expressed concern about states withdrawing general consent to the Central Bureau of Investigation (CBI) for investigating cases. At present, eight states have withdrawn general consent to the agency. The court observed this as “not a desirable position.”

Statement 1 is correct.The Central Bureau of Investigation (CBI) owes its origin to the Special Police Establishment, constituted by the British government in 1941, which was substituted by the Delhi Special Police Establishment (DSPE) Act, 1946. The CBI came into existence on 1 April, 1963, through a Government of India resolution. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-64).

Statement 2 is incorrect.According to Section 24 of the RTI act, intelligence and security organizations specified in the Second Schedule is exempted under the provisions of the act. However, Delhi high court in 2017 has directed the Central Bureau of Investigation (CBI) to reveal information related to corruption, so there is no absolute exemption.

Also, the CIC has said that the CBI cannot take refuge in the exemption clause under the Right to Information (RTI) Act to deny information related to corruption cases. Thus, they are not completely exempted from the ambit of RTI.

Statement 3 is correct.Section 5 of the DSPE Act empowers special police establishments (SPEs), including CBI, to investigate cases in the states. Section 6 of the DSPE Act restricts the powers of SPEs under section 5 and puts the condition of the consent of the state government to investigate any case in that state. So, the CBI must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state. Unlimited jurisdiction of CBI is confined to Union Territories and Railway areas (and not to states), under this Act.