SC AFFIRMS STATE AUTHORITY IN LAW AND ORDER AMIDST BENGAL’S DISPUTE

Why in the news?

Supreme Court clarifies state jurisdiction in law and order matters amid West Bengal’s challenge against CBI’s investigative authority.

source:wordpress

About the State Jurisdiction Dispute:

  • SC clarifies law and order as a State subject, addressing West Bengal’s grievances against CBI’s jurisdiction.
  • Justices Gavai and Mehta emphasise State responsibility, questioning CBI’s unilateral investigative authority.
  • West Bengal files suit under Article 131 against the Union government, challenging CBI’s jurisdiction without prior consent.
  • State withdraws consent under Section 6 of Delhi Police Special Establishment Act, contesting exclusive CBI jurisdiction over Central government employee cases.
About The Enforcement Directorate (ED) :

●   The Enforcement Directorate (ED) is an Indian law enforcement and economic intelligence agency.

●   Origin dates back to 1956, handling Exchange Control Laws.

●   Renamed as ED in 1957.

●   Nodal Ministry: Department of Revenue, Ministry of Finance.

●   Objectives: Enforce FEMA, PMLA, FEOA.

About Article 131:

●   Article 131 grants SC exclusive jurisdiction over disputes between States or between States and the Union.

●   It covers legal disputes only, excluding political matters.

●   SC’s jurisdiction does not extend to pre-Constitutional agreements or certain water-related disputes.

●   Private individuals’ suits against the Government of India are also excluded.