Bihar govt. restricts CBI power; State nod mandatory to probe against its employees
However, the notification issued by the Bihar Home Department on September 3, 2026, clearly stated that the CBI will not require permission from the State government to take action against Central Government employees
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Context
The Government of Bihar has issued a notification making it mandatory for the (CBI) to obtain prior consent from the State government before initiating investigations or taking action against public servants posted under the Bihar government. The CBI, however, retains the authority to act against Central Government employees and private individuals under the direct control of the Central Government without State permission. This move highlights ongoing tensions regarding the jurisdictional boundaries of central investigating agencies operating within state territories.
UPSC Perspectives
Polity
The legal foundation of the CBI is derived from the (DSPE Act), which does not explicitly establish the CBI but empowers the Central Government to constitute a special police force. According to Section 6 of the DSPE Act, the CBI requires the consent of the respective State Government to investigate crimes within its jurisdiction. This consent can be either 'general consent' (allowing the CBI to probe cases against central government employees without seeking fresh permission every time) or 'specific consent' (required on a case-by-case basis). Bihar's recent notification essentially revokes general consent for investigating State government employees, shifting to a requirement for specific, case-by-case approval. This mechanism reflects the constitutional division of powers, where 'Police' and 'Public Order' are State subjects under the of the . For UPSC aspirants, understanding the nuances of Section 6 of the DSPE Act and the distinction between general and specific consent is crucial for Prelims and Mains questions on statutory bodies.
Governance
This development brings into focus the delicate balance of federalism and the potential for friction between the Centre and States. Several states, particularly those governed by opposition parties, have historically withdrawn general consent from the CBI, alleging political misuse of the agency by the Central Government. The withdrawal of consent forces the CBI to navigate procedural hurdles, potentially delaying investigations and impacting its efficiency. However, the has clarified that withdrawal of general consent does not automatically halt ongoing CBI investigations in a state, and the agency retains jurisdiction over cases registered prior to the withdrawal. Furthermore, the Supreme Court or a High Court can still direct the CBI to investigate a case within a state, bypassing the need for state consent. This ongoing tug-of-war highlights the need for institutional reforms to ensure the independence and operational autonomy of central investigating agencies, a recurring theme in UPSC Mains examinations concerning governance and accountability.
Legal
The Bihar government's notification references several significant legal frameworks, including the newly enacted criminal laws: the (BNS), the (BNSS), and the (BSA), which replace the IPC, CrPC, and Indian Evidence Act, respectively. It also explicitly mentions the and the . The inclusion of cybercrime cases underscores the evolving nature of offences investigated by the CBI. The notification explicitly limits the CBI's jurisdiction concerning "public servants appointed in connection with the affairs of the Government of Bihar." This requires a careful reading of legal definitions of 'public servant' under the relevant acts. The requirement for a case-to-case decision by the State Government places significant discretionary power in the hands of the state executive regarding the initiation of criminal proceedings against its own officials.