Federalism and Investigative Jurisdiction: Supreme Court Stays HC Order on CBI Consent

This development is significant for several reasons. First, it highlights the delicate balance of power in India’s federal structure. The 'general consent' traditionally given to the CBI has been withdrawn by several states in recent years, reflecting a growing trust deficit between the Union and the States regarding the perceived 'politicization' of central agencies. Second, it raises questions about the finality of administrative decisions and whether a successor government can reverse the legal sanctions provided by its predecessor. From a governance perspective, the frequent friction over CBI jurisdiction necessitates a re-evaluation of the DSPE Act. Aspirants should note that while the CBI is a central agency, 'Police' is a State subject under Entry 2 of the State List in the Seventh Schedule. Any expansion of central investigative reach without state concurrence often leads to protracted legal disputes that can hinder the delivery of justice. UPSC Relevance: This issue is a prime example of 'challenges to the federal structure' under GS Paper II. It can be used to illustrate the administrative relationship between the Union and States and the functioning of statutory bodies like the CBI. Furthermore, it touches upon the 'criminalization of politics' and 'probity in governance' dimensions of the syllabus.