Madhya Pradesh mandates written consent for CBI investigations

New Delhi: Madhya Pradesh has announced that the Central Bureau of Investigation (CBI) must obtain written consent from the state before conducting any investigations within its jurisdiction. This decision aligns the BJP-ruled state with several opposition-led states such as Bengal, Tamil Nadu, Punjab, Kerala, and Telangana, which have implemented similar requirements.

CBI will need state govt's nod to investigate

The notification, issued on Tuesday, states that the requirement for written consent is effective retroactively from July 1. This means that the CBI now needs explicit permission from the Madhya Pradesh administration to investigate private individuals, government officials, or entities within the state.

Legal basis for consent requirement

Under Section 6 of the Delhi Special Police Establishment Act, the CBI must seek consent from a state government to conduct investigations within its boundaries. This provision is now being enforced in Madhya Pradesh, following the example of several other states.

Shinde reversed Thackeray's decision 

In a notable development, the Maharashtra government reversed a previous order in October 2022. Chief Minister Eknath Shinde, supported by the BJP and Ajit Pawar's NCP, overturned the decision made by his predecessor, Uddhav Thackeray of the Congress-backed MVA, which had required the CBI to seek state permission.

Debate over use of central agencies

The directive for the CBI to seek state permission has been a contentious issue. Opposition parties have alleged that the ruling BJP uses federal agencies to target political rivals, especially before elections. Last December, the central government responded, arguing that requiring state consent has significantly hampered the CBI’s investigative capabilities.

Parliamentary panel suggests legislative action

A parliamentary panel has suggested the need for legislation allowing the CBI to conduct investigations without state interference. However, the panel also emphasized the importance of ensuring the agency's objectivity and impartiality to prevent allegations of discrimination by the states.

Mamta accused CBI of iniating cases without state's consent

In November, Bengal's ruling Trinamool Congress accused the CBI of initiating cases without state consent. The central government maintained that the CBI operates as an independent legal entity without federal control. Bengal had withdrawn consent for CBI operations as early as 2018, highlighting ongoing tensions between state and federal authorities over the agency's jurisdiction.