The Supreme Court of India has declared that the consent of the concerned State Government is mandatory for a CBI inquiry under its jurisdiction as it conforms to the principle of federalism. The Supreme Court also said that the Central Government will not be allowed to expand the jurisdiction of the agency (CBI) in that state without the consent of any state.
The decision taken by the Supreme Court has come in the context of eight non-BJP states Like - Kerala, Jharkhand, Bengal, Maharashtra, Mizoram, Chhattisgarh, Rajasthan, and Punjab, who have given their general powers to the CBI to investigate new cases under the jurisdiction of the state. Consent is withdrawn.
The decision by the Supreme Court: -
Hon'ble, a bench of Justices BR Gavai and Justice AM Khanwilkar, while referring to Sections 5 and 6 of the DSPE (Delhi Special Police Establishment) Act governing the functioning of the CBI, has stated that it may be observed that, even if Sections 5 and 6 allow the Central Government to extend the powers and jurisdiction of DSPE members to a State, other than Union Territories, but as long as the concerned States are within their territory under Section 6 of the DSPE Act The Central Government cannot be granted this permission unless it gives its consent for such extension.