Centre Tells Supreme Court CBI Not Under Its Control Amid West Bengal Lawsuit

On May 2, 2024, the Centre informed the Supreme Court that the Central Bureau of Investigation (CBI) does not operate under its control. This statement was made in response to a lawsuit filed by the West Bengal government, challenging the CBI's authority to investigate cases in the state without the prerequisite consent. The West Bengal government had withdrawn its general consent to the CBI in November 2018, but the agency has continued its investigations in the state.

The Solicitor General, appearing for the Centre, argued that Article 131 of the Constitution, which deals with the Supreme Court's jurisdiction in disputes between the central and state governments, is "one of the most sacred" provisions and cannot be misused or abused. He emphasized that the CBI is not under the control of the Union of India and that the cases referred to in the state's suit have not been filed by the Union of India.

The West Bengal government's original suit, filed under Article 131 of the Constitution, alleges that the CBI has been filing FIRs and proceeding with investigations despite the state having withdrawn its general consent in November 2018. The state government contends that the CBI's actions are unconstitutional and violate the principles of federalism.

Why this matters: The outcome of this case will have significant implications for the relationship between the central and state governments, as well as the autonomy of investigative agencies like the CBI. The Supreme Court's ruling will set a precedent for the extent to which states can control or limit the CBI's jurisdiction within their territories, and it may impact the agency's ability to investigate cases of national importance.

The CBI has faced allegations of functioning under "political influence" irrespective of the political party in power at the Centre. The agency's autonomy and impartiality have been called into question on several occasions, and this case is likely to reignite the debate on the need for reforms to ensure the CBI's independence.

The Supreme Court is currently hearing the matter, and the Centre has raised preliminary objections to the lawsuit. The Solicitor General stated, "The CBI is not under the control of the Union of India, and the cases referred to in the state's suit have not been filed by the Union of India." The hearing in the case is ongoing, and the apex court's decision is expected to have far-reaching consequences for the future of the CBI and the balance of power between the central and state governments.

Key Takeaways

• Centre claims CBI not under its control, responding to WB govt's lawsuit on CBI's jurisdiction.
• WB govt alleges CBI's actions unconstitutional after it withdrew consent for CBI in 2018.
• Solicitor General argues Article 131 is sacred, cases not filed by Union of India.
• Outcome will impact center-state relations and CBI's autonomy, amid allegations of political influence.
• Supreme Court hearing ongoing, decision expected to have far-reaching consequences.