Karnataka Withdraws General Consent for CBI Investigations
Context:
Recently, amidst allegations of the CBI being “biased and prejudiced” in its investigations in Karnataka, the Karnataka government decided to withdraw the general consent granted to the CBI to conduct probes in the state.
Relevance:
GS-02 (Indian Polity)
Background:
- The decision was made after the demand for a CBI probe increased, into alleged irregularities concerning the allotment of 14 MUDA (Mysore Urban Development Authority) sites to CM Siddaramaiah’s wife.
- However, the Law and Parliamentary Affairs Minister, H.K. Patil, clarified that the withdrawal was unrelated to this issue, as the case is already being investigated by the Karnataka Lokayukta.
Key Highlights:
- The withdrawal of the consent that was granted to CBI by Karnataka Cabinet was due to the concerns over the agency’s impartiality.
- The state government has now decided to grant consent on a case-by-case basis, instead of allowing unrestricted investigations.
- Many states, especially non-BJP-ruled states, like West Bengal, Maharashtra, and Punjab, have also revoked general consent for CBI operations in recent years.
Legal Basis and History:
- Under the Delhi Special Police Establishment Act, 1946, the CBI requires the consent of state governments to conduct investigations within their jurisdiction. Previously, Karnataka had granted general consent for CBI probes.
- The Congress government’s decision in 2023 reverses the blanket permission granted by the previous BJP-led government in 2019, which had allowed the CBI to investigate corruption allegations against Deputy Chief Minister D.K. Shivakumar.
- The case was subsequently referred to the Karnataka Lokayukta police for investigation.
What is CBI?
- It is a top-class investigating police agency in India that assists Central Vigilance Commission and Lokpal.
- It functions under Deptt. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India – which falls directly under the prime minister’s office.
- It also coordinates investigation on behalf of Interpol Member countries.
- Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.
