The Bihar administration has formally instructed the Central Bureau of Investigation (CBI) to obtain explicit permission from the state before initiating any investigation involving Bihar's own employees. The order, issued by the state cabinet, makes a clear distinction between state and central personnel, stating that the CBI may proceed against central government employees without first securing Bihar's nod.
Under the new directive, any request by the CBI to question, interrogate, or collect evidence against a Bihar state employee must be routed through the state's Home Department, which will evaluate the request and grant or deny approval. The rule does not alter the CBI's existing authority to investigate offenses that fall under its central jurisdiction, but it adds a procedural hurdle for cases involving state staff.
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The move comes amid a long‑standing debate over the balance of power between India's central investigative agencies and state governments. Several states have previously expressed concerns that the CBI, as a central body, could be used to target regional officials for political purposes. Bihar's latest measure echoes similar steps taken by other states to safeguard their bureaucrats from what they perceive as overreach.
Legal experts note that the directive could be challenged in court on grounds of violating the CBI's statutory powers under the Delhi Special Police Establishment Act. The act empowers the CBI to investigate any offence under the law, provided it receives a requisition from a competent authority. Bihar's requirement for prior approval may be seen as an additional layer that could delay or obstruct investigations, especially in cases where state and central interests intersect.
The state has assured that the new protocol will not impede investigations into serious crimes such as corruption, financial fraud, or offenses affecting public interest. It has also indicated that the Home Department will establish a fast‑track mechanism to review CBI requests within a stipulated timeframe, aiming to prevent undue delays while preserving the state's oversight role.
