A parliamentary standing committee has recommended the enactment of a new law granting the Central Bureau of Investigation (CBI) the authority to investigate cases without requiring prior consent from state governments. The proposal comes in response to eight states withdrawing their general consent for CBI probes, significantly limiting its jurisdiction. The recommendation aims to enhance the agency’s ability to tackle corruption and organized crime while ensuring impartiality and preventing states from feeling powerless.
The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law, and Justice, in its report on demand for grants, highlighted that the withdrawal of consent by Kerala, Punjab, Jharkhand, West Bengal, Telangana, Meghalaya, Karnataka, and Tamil Nadu has hindered CBI’s effectiveness. These states, governed by non-BJP parties, have restricted the agency’s ability to function without explicit permission. Currently, under Section 6 of the Delhi Special Police Establishment (DSPE) Act, the CBI requires state approval for investigations unless directed by the Supreme Court, high courts, or the Lokpal.
The committee’s report suggests that a new legal framework should be formulated, granting CBI broader investigative powers in cases affecting national security and integrity, with input from state governments. It also emphasizes the need for safeguards to maintain impartiality and prevent misuse of power. The committee believes such reforms are crucial to ensuring timely and unbiased investigations, thereby strengthening public trust in the agency.
Reacting to the recommendation, Congress leader Abhishek Singhvi strongly opposed the proposal, calling it a direct attack on federalism. He stated that this move formalizes what he described as the central government’s long-standing efforts to control investigative agencies. Singhvi emphasized that CBI’s jurisdiction has been clearly outlined by the Supreme Court, and any attempt to alter it should be opposed collectively. Trinamool Congress MP Kalyan Banerjee also dismissed the proposal as unconstitutional, arguing that it infringes upon the rights of state governments.
The committee, led by BJP’s Rajya Sabha MP Brij Lal, also highlighted the need for structural reforms within the CBI. It recommended introducing lateral entry for experts in cybercrime, forensics, financial fraud, and legal domains to enhance the agency’s operational efficiency. The report noted that the CBI has faced challenges in receiving suitable nominations from state police forces for deputation, which has traditionally been its primary source of recruitment. To address this, the panel suggested forming an in-house team of specialists, reducing reliance on external experts, and streamlining recruitment processes.
The recommendation to empower CBI with independent investigative authority has sparked intense political debate. While proponents argue that it will strengthen law enforcement and expedite critical investigations, opponents view it as a potential encroachment on federalism. The government’s next steps on this issue will determine whether these recommendations translate into legislative action or remain a contentious proposal.
