UPSC Prelims Practice Questions — SC reserves verdict on ED plea for CBI probe in I-PAC case

Q1. With reference to the jurisdiction of the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment (DSPE) Act, 1946, consider the following statements: Which of the statements given above is/are correct?

  1. The requirement of State Government consent does not apply to the CBI's functioning in Union territories and railway areas.
  2. A notification by the Central Government extending the CBI's powers to a State is, by itself, sufficient for the CBI to investigate offences anywhere in that State.
  3. A State's withdrawal of general consent to the CBI operates only prospectively, leaving investigations already begun unaffected.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. A High Court, exercising its writ jurisdiction, may direct the CBI to investigate offences in a State even after that State has withdrawn its general consent to the CBI.
  2. The DSPE Act, 1946 itself empowers High Courts to dispense with the State-consent requirement laid down in Section 6 of that Act.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The CBI's power to investigate offences in the States flows directly from an entry in the Union List, so the agency requires no statutory basis for its investigative powers.
  2. 'Central Bureau of Intelligence and Investigation' is an entry in List I (Union List) of the Seventh Schedule.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q4. Consider the following facts: (i) Section 6 of the DSPE Act, 1946 requires a State Government's consent before the CBI exercises powers in that State. (ii) The Supreme Court has held that the Supreme Court and High Courts can direct a CBI investigation without the State's consent. (iii) The Court has cautioned that this power is to be used sparingly and only in exceptional situations. Which of the following inferences can validly be drawn from the above?

  1. Section 6 of the DSPE Act is unconstitutional to the extent that it conflicts with the powers of the constitutional courts.
  2. The consent requirement restrains the executive from deploying the CBI unilaterally in a State, but does not restrain the constitutional courts.
  3. A State's withdrawal of general consent does not, by itself, place that State's officials beyond the reach of a CBI investigation.
  • A. 2 and 3 only
  • B. 1 and 2 only
  • C. 1, 2 and 3
  • D. 1 and 3 only

Q5. With reference to West Bengal's original suit before the Supreme Court over the CBI's functioning in the State, consider the following statements: Which of the statements given above is/are correct?

  1. The State brought the dispute under Article 131 because it framed the matter as a legal dispute between itself and the Union.
  2. The State's case was that, after general consent is withdrawn, fresh consent is needed only for cases involving State government employees.
  3. By holding the suit maintainable, the Court ruled that the CBI's investigations in the State after the withdrawal of consent were invalid.
  • A. 1 and 3 only
  • B. 1 and 2 only
  • C. 1 only
  • D. 2 and 3 only

Q6. A State files an original suit against the Union in the Supreme Court, challenging CBI investigations conducted after the State withdrew its general consent. Which one of the following arguments, if accepted, would defeat the suit at the threshold rather than on its merits?

  • A. A State's withdrawal of general consent takes effect only prospectively, not for probes already begun.
  • B. The CBI is a legal entity distinct from the Union, so the Union is not the real defendant in this dispute.
  • C. The State's own police had been informed of each case that the CBI registered within its territory.
  • D. Constitutional courts may order CBI investigations in any State without that State's consent.

Q7. With reference to the Supreme Court's 2022 judgment in Vijay Madanlal Choudhary on the Prevention of Money Laundering Act (PMLA), consider the following statements: Which of the statements given above is/are correct?

  1. As the ECIR is not equivalent to an FIR, the ED need not communicate the grounds of arrest to a person it arrests.
  2. An Enforcement Case Information Report (ECIR) is an internal document of the ED and need not be supplied to the accused as a matter of right.
  3. The judgment upheld the validity of several key provisions of the PMLA.
  • A. 2 and 3 only
  • B. 1, 2 and 3
  • C. 1 and 3 only
  • D. 1 and 2 only

Q8. With reference to the powers of the Directorate of Enforcement (ED) when it searches premises and makes arrests in a State, consider the following statements: Which of the statements given above is/are correct?

  1. The State-consent requirement in Section 6 of the DSPE Act does not govern ED searches, since the ED acts under its own statutes and not as part of the Delhi Special Police Establishment.
  2. An ED officer may arrest a person under Section 19 of the PMLA only on 'reasons to believe', formed on material in the officer's possession and recorded in writing.
  3. Section 19 of the PMLA allows arrest whenever custodial questioning would help the ED take its investigation forward.
  • A. 1, 2 and 3
  • B. 1 and 3 only
  • C. 2 and 3 only
  • D. 1 and 2 only