GS Paper II — Q11
The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular…
The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (Answer in 250 words) 15 marks
हिंदी में प्रश्न पढ़ें
एक राज्य-विशेष के अंदर प्रथम सूचना रिपोर्ट दायर करने तथा जांच करने के केंद्रीय अन्वेषण ब्यूरो (सी० बी० आई०) के क्षेत्राधिकार पर कई राज्य प्रश्न उठा रहे हैं। हालांकि, सी० बी० आई० जांच के लिए राज्यों द्वारा दी गई सहमति को रोके रखने की शक्ति आत्यंतिक नहीं है। भारत के संघीय ढांचे के विशेष संदर्भ में विवेचना कीजिए। (उत्तर 250 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 250-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
(a) Legal basis and consent as a federal check: The CBI derives its powers from the Delhi Special Police Establishment (DSPE) Act, 1946 (it was set up by a 1963 executive resolution, with no dedicated statute), resting on Union List Entry 8 (Central Bureau of Intelligence and Investigation) and Entry 80 (extension of police powers). Under Section 6, its jurisdiction in a State needs that State's consent. Since police is State List Entry 2, consent is a federal check on a central agency. Several States, including West Bengal, Punjab and Kerala, have withdrawn general consent (Maharashtra restored it in 2022), and in State of West Bengal v. Union of India (2024) the Supreme Court held the State's original suit against CBI cases registered after withdrawal maintainable.
(b) Why the power is not absolute: Under Articles 32 and 226, the Supreme Court and High Courts can direct the CBI to investigate without State consent, as a Constitution Bench held in State of West Bengal v. Committee for Protection of Democratic Rights (2010); consent cannot shield against court-directed accountability. The CBI can also register its own FIRs in Union Territories. Cases with inter-state or international ramifications, central funds or central employees strengthen the case for Union involvement or court direction; they do not create automatic exemption from consent.
(c) Federal balance: Indian federalism is cooperative, with a unitary bias, and corruption and economic crime cross State borders, so a common mechanism is needed. Vineet Narain (1997) and Nirmal Singh Kahlon (2009) underline the need for an independent, credible CBI, while State consent guards against its misuse; it is a safeguard, not a veto over legitimate investigation.
How this answer will be evaluated
Framework: Principle > Institution or Article > Problem with example > Realistic reform
What earns full marks: Precise legal basis (35A CrPC/Art 351) with deep analysis of federalism and consent limits.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Explain the CBI-State jurisdiction conflict and the limits of State consent within India's federal structure. 15 marks · 250 words
explain— definition/context → points in order → small example → short close
Must cover
- Cite DSPE Act, 1946 (Sections 5 and 6) and Union List Entries 8 and 80
- Explain the 'consent' requirement for State jurisdiction
- Analyze the 'federal character' of India (Union-State balance)
- Justify why State power to withhold consent is not absolute
Loses marks
- Reciting Articles without explaining the federal conflict
- Ignoring the 'not absolute' aspect of State consent
- Activist tone or lack of balanced judgment
Earns more
- Reference to Supreme Court judgments on CBI jurisdiction
- Discussion of the 'unitary bias' in Indian federalism
- Mention that the CBI was set up by a 1963 executive resolution, with no dedicated statute
- Balanced view on State autonomy vs. Central oversight
Extra mark
- Cite a specific landmark SC judgment (e.g., State of West Bengal v. CPDR, 2010)
- Reference to 2nd ARC or Law Commission recommendations
What "Explain" is asking you to do
Make the working of something clear — what sets it off, what follows from what, and what it produces. Explain is the Commission's mechanism word: it dominates the technical papers and the “explain why” stems, where the marks sit in the causal chain and not in the label.
Structure that answers it
State what it is → the initiating condition → the chain of cause, step by step → an instance where it plays out → what the chain produces
Where marks are lost
Describing what something looks like instead of why it works that way. Naming the stages without linking them reads as description too.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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