Section 6A of the DSPE Act
Topic: Statutory, Regulatory and Quasi-judicial Bodies · NCERT: Beyond NCERT
Meaning
Section 6A was added to the Delhi Special Police Establishment Act in 2003. It said the CBI needed the Centre's approval before it could probe officers of Joint Secretary rank and above for corruption. Critics saw it as a shield for senior officers. It brought back the "single directive" that the Supreme Court had struck down in Vineet Narain (1997).
Example
In Subramanian Swamy v. Director, CBI (2014), the Supreme Court struck down Section 6A. In R.R. Kishore (2023), the Court held that the 2014 ruling applies from 2003, the year Section 6A was added.
Don't confuse with
- Section 6 of the DSPE Act: this is about a state's consent before the CBI can work in that state. It is not about approval to probe officers.
- Section 17A of the PC Act (2018): a separate, later rule that requires prior approval before probing official decisions of any public servant. A challenge to it is pending.
Related concepts
- Central Bureau of Investigation
- Delhi Special Police Establishment Act 1946
- General consent
- Appointment of the CBI Director
- Extension of CBI and ED Directors' tenure (2021)
- National Investigation Agency
- Serious Fraud Investigation Office