The Union of India Does Not Control the CBI

The Supreme Court of India was informed by the Central Government on Thursday, that the Central Bureau of Investigation (CBI) is not under “control” of the Union of India (UOI). The objections were preliminary to a lawsuit brought by West Bengal, which sought the agency’s permission before continuing its investigation in multiple cases.

Accusations On The CBI

The CBI has been accused of operating under “political influence,” regardless of the political party holding power at the Centre. The Supreme Court even went so far as to refer to the agency as a “caged parrot” in 2013. At the time, the United Progressive Alliance (UPA), led by Congress, was in power.

Referencing Article 131 of the Indian Constitution

Citing Article 131 of the Constitution, West Bengal has filed an original lawsuit in the Supreme Court against the Centre.

• In the given lawsuit, the Trinamool administration contended in its petition that the CBI continued to conduct investigations and file FIRs after the State withdrew its “general consent” for the federal agency to investigate crimes in West Bengal.
• Solicitor General Mehta argued before the two-judge bench that Article 131, which addresses the Supreme Court’s jurisdiction in a dispute between the federal government and one or more state governments, is “sacred” and that its misuse must not be permitted.
• One of the Supreme Court’s most reversed jurisdictions is Article 131. One cannot allow misuse or twisting of this clause.
• West Bengal withdrew the CBI’s “general consent” to investigate and conduct searches within the state on 16^th November 2018.

BJP vs non-BJP

It is one of several non-Baratiya Janata Party (BJP) states where the nation’s top investigating body now needs permission from the relevant government or court orders to carry out its operations.

The Central Government, led by the Bharatiya Janata Party (BJP), has been charged with “misusing” government agencies against the opposition on multiple occasions. The BJP has constantly denied these accusations.

Solicitor’s Point of View

The CBI has filed cases; the Union of India has not, said the Solicitor General Tushar Mehta, who also mentioned to the bench of Justices BR Gavai and Sandeep Mehta, that the Union’s jurisdiction cannot control the CBI.