In a landmark decision safeguarding the principles of federalism, the Supreme Court of India has upheld the maintainability of a lawsuit filed by the State of West Bengal against the Union Government. The suit alleges constitutional overreach and infringement upon federalism by the Centre’s unilateral deployment of the Central Bureau of Investigation (CBI) within the state without obtaining prior consent.
Legal Challenge to CBI’s Unilateral Actions
A bench led by Justice BR Gavai rejected the Union’s preliminary objections to the suit, including the assertion that the Centre lacked control over the CBI. Solicitor General Tushar Mehta argued for the Union, contending that the CBI operates independently and that the Centre cannot be held accountable for cases registered and investigated by the agency within a state.
Federalism Concerns Take Center Stage
However, the Supreme Court recognized the gravity of the issues raised by West Bengal, stating that the suit “raises serious questions concerning the wider ramifications of federalism.” The Court dismissed the Union’s preliminary contentions on maintainability, paving the way for a deeper examination of the legal principles involved.
West Bengal’s Contentions and Allegations
West Bengal, represented by senior advocate Kapil Sibal, presented specific arguments highlighting the CBI’s actions as directed by the Centre. The state emphasized that the CBI requires a specific notification from the Centre to extend its jurisdiction to any area within a state, including railway lands, and that prior consent from the state is mandatory.
Withdrawal of Consent and Unilateral CBI Actions
West Bengal had withdrawn its general consent for CBI investigations within its territory under Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, back in 2018. However, the CBI, allegedly with the Centre’s backing, proceeded to register 15 cases within the state without obtaining the required consent.
Supreme Court Sets Date for Framing Legal Issues
The Supreme Court has scheduled August 13th for framing the legal issues involved in the suit. This development signifies the Court’s commitment to delving into the complexities of federalism and ensuring a fair and comprehensive adjudication of the matter.
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