Syllabus: GS-II; Subject: Polity, Topic: Federalism, Issue: Central Agencies |
Context: a petition filed by the Enforcement Directorate in the Supreme Court. against the criminal prosecution launched by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) against an ED officer.
Court Observations:
- The Supreme Court called for judicial oversight in conflicts between Central and State agencies to prevent unjust prosecution.
- It questioned which agency should investigate if a Central employee commits an offense in a State’s jurisdiction.
Central Agencies vs State Governments:
Consent of the states is required under Section 6 of the Delhi Special Police Establishment Act, either general (for seamless investigations) or specific (on a case-by-case basis).
Conclusion:
The situation underscores the lack of clarity regarding the CBI’s role as a federal investigative agency.
+Prelims Connect:
· The Central Bureau of Investigation (CBI) is the primary investigative agency of the Central Government.
· empowered by the Delhi Special Police Establishment Act, of 1946.
· The Enforcement Directorate (ED) is the premier financial investigation agency of the Indian government.
· It operates under the Department of Revenue, Ministry of Finance.