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UPSC 2021 GS-II · 15 marks · 250 words

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.

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set out how or why something works, with the mechanism made explicit.

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  • Base: DSPE Act 1946 s.6 consent (general/specific); police as State List Entry 2 — the federal grounding
  • Friction: ~8-10 states withdrew general consent alleging misuse; 'caged parrot' (SC's phrase, Coalgate)
  • Not absolute because: constitutional courts can order CBI probes without consent (State of WB v. CPDR, 2010); consent withdrawal is prospective
  • Reform close: statutory charter for CBI (Standing Committee 2023), Lokpal oversight — federal comity with accountability

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