In suit, State accused the Union of constitutional overreach and violation of federalism by unilaterally employing the Central Bureau of Investigation (CBI) without the State’s prior consent.
- The suit was filed under Article 131 of the Indian Constitution.
- Article 131 deals with the Supreme Court's original jurisdiction in a dispute between the Centre and one or more states.
CBI needs to obtain the consent of state governments before it can investigate a crime in a particular state.
- The power of consent is governed as per the Delhi Special Police Establishment (DSPE) Act of 1946.
The consent of the state can be either general or case-specific.
- In General consent, the CBI is not required to seek fresh permission every time it enters that state in connection with investigation or for every case.
- West Bengal had withdrawn its general consent in 2018. And, many other states such as Punjab, etc. have also withdrawn their general consent.
- Exception to general consent
- Supreme Court and High Courts can order CBI to investigate a crime anywhere in the country without the consent of the state.
- Consent does not apply in cases where someone has been caught red-handed taking a bribe.
- In case Specific consent, CBI would have to apply to the state government in every case.