MP follows Oppn trend, curtails CBI authority
BHOPAL: The BJP-governed Madhya Pradesh announced that the Central Bureau of Investigation (CBI) will now need written permission from the state before initiating investigations within its borders. This change was officially notified on Tuesday and is retroactively effective from July 1.
The Home Department explained that this step was necessary to align with the newly implemented Bharatiya Nyaya Sanhita (BNS), one of three new criminal laws enacted by the Central government. Sources indicate that other BJP-ruled states are likely to issue similar notifications.
Under this new order, the CBI must obtain written approval from the Madhya Pradesh government to investigate private individuals, government officials, or any entities within the state.
This requirement is in line with Section 6 of the Delhi Special Police Establishment Act, which mandates that the CBI seek consent from a state government for investigations in its jurisdiction. With this move, BJP-ruled Madhya Pradesh joins several other states that have withdrawn their general consent for CBI investigations.
Most of the other such states are Opposition-ruled ones like West Bengal, Tamil Nadu, Punjab, Kerala, and Telangana, which mandate that the CBI obtain permission before initiating investigations.
In October 2022, Maharashtra’s government, led by Chief Minister Eknath Shinde, reversed a previous order made by his predecessor, Uddhav Thackeray. This reversal was related to states requiring the CBI to seek permission before initiating investigations within their borders.
This issue gained attention last year amid opposition claims that the ruling BJP was using federal agencies to target political rivals, especially before elections. The central government responded strongly in December, arguing that such restrictions severely limited the CBI’s investigative powers. A Parliamentary panel suggested enacting a law to allow the CBI to investigate without state “interference,” while also acknowledging the need for safeguards to ensure the agency’s objectivity and impartiality.
These concerns were highlighted in November when West Bengal’s ruling Trinamool Congress accused the CBI of operating without state consent. The union government maintained that the CBI is an “independent legal person” over which it has no control. It’s worth noting that Bengal had withdrawn permission for CBI operations as early as 2018. with agency inputs
