Gs2 - Criminal justice system -Criminal justice system- CBI | VK IAS by Vikas kanukollu (VK)
Gs2 - Criminal justice system -Criminal justice system- CBI
Central question in the article : Can higher courts order a CBI investigation without state consent if there is a violation of fundamental rights or if there is a substantial question of law?
For understanding this, you need to know the background : Click here
One should also understand the federal Nature of CBI- Click here
So If a state government's refusal to consent is deemed arbitrary or unreasonable, the higher judiciary may intervene. This position affirms the checks and balances inherent in the Indian legal system, ensuring that while the autonomy of states is respected, the rule of law is upheld across the federation.
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