Supreme Court Allows West Bengal’s Case Against CBI Investigation Without Consent

The Supreme Court of India has decided that West Bengal’s case against the Central Bureau of Investigation (CBI) can proceed. The state of West Bengal is challenging the CBI’s investigations into cases within the state without prior consent, which is required by law.

Key Points

A bench of Justices BR Gavai and Sandeep Mehta stated that the case will be heard on August 13 to frame the issues. The court rejected the Union government’s objections regarding the maintainability of the suit.

West Bengal argues that the CBI cannot investigate cases in the state without its consent, which was withdrawn in 2018. The state claims this violates the federal nature of the Centre-State relationship under the Indian Constitution.

The Central government, represented by Solicitor General Tushar Mehta, argued that the CBI is an independent body and not under the control of the Union of India. The Centre also stated that the CBI can investigate cases involving Central government employees or those with a pan-India impact.

Background

West Bengal withdrew its general consent for CBI investigations on November 16, 2018. The state filed a suit under Article 131 of the Constitution, which allows states to move the Supreme Court in disputes with the Centre or other states.

Senior advocate Kapil Sibal, representing West Bengal, argued that the CBI cannot be viewed as an independent statutory authority and must have state consent to investigate cases within the state.

The Centre maintains that it has no role in the CBI’s investigations and that the lawsuit against it is not maintainable.