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APSC Answer Writing (Daily) based on Assam Tribune – 06/06/2025

For APSC CCE and other Assam Competitive examinations aspirants, practicing Daily Answer Writing is vital. This blog covers the most important Main question and its model Answer from the Assam Tribune today (06-06-2025).

📝 Mains Question (GS Paper 2 – Governance | Federalism | Internal Security):

Q. The expanding role of central agencies like the CBI in state matters raises concerns about India’s federal structure. Critically analyze the constitutional and ethical dimensions of Centre-State friction in policing, with recent examples.

📘 Model Answer

Introduction

India’s federal structure divides powers between the Centre and States under the Seventh Schedule. “Police” and “Public Order” fall under the State List (List II). However, recent instances—such as the CBI’s entry into high-profile criminal cases without state consent, including in Assam (June 2025)—have intensified the debate over the autonomy of state governments and the centralization of investigative powers.

Constitutional Dimensions of Centre-State Policing Tensions

A. Legislative Framework

Article 246 & Schedule VII: Assigns policing to states.
Delhi Special Police Establishment (DSPE) Act, 1946: Governs CBI.
- Section 6 mandates state consent for CBI investigations.
- Consent can be general (default) or case-specific.

B. Judicial Exceptions

Supreme Court and High Courts can order CBI probes without state consent (e.g., Vineet Narain v. Union of India).
Creates a legal grey zone between judicial review and executive federalism.

Ethical & Governance Concerns

Ethical Concern	Explanation
Erosion of State Autonomy	Imposing central probes may dilute elected state governments’ authority.
Political Misuse	Allegations of using CBI/ED for political vendetta undermine neutrality.
Victim’s Rights vs Procedure	Federal disputes may delay justice delivery to the victim.
Dual Accountability	Citizens are unclear whether state or central bodies are answerable.

Recent Case: Assam, June 2025

Context: Alleged sexual assault in Guwahati.
Event: CBI initiated probe without Assam government’s consent.
Reaction: CM Himanta Biswa Sarma publicly objected, citing constitutional overreach.
Implication: Raised questions on the need for consent and Centre’s trust deficit with states.

Wider Trends in India

9+ states (e.g., West Bengal, Kerala, Punjab) have withdrawn general consent to CBI since 2018.
A growing pattern of Centre-State confrontation, often along political lines.
Undermines the cooperative federalism envisioned in India’s constitutional ethos.

Way Forward

1. Legal Clarity

Amend the DSPE Act to define exceptional conditions where CBI can act without consent.
Specify procedural safeguards in judicially ordered probes.

2. Strengthening State Policing

Implement Prakash Singh guidelines for police reform and autonomy.
Enhance state capacity to investigate high-profile cases independently.

3. Inter-Governmental Mechanism

Establish a Centre-State Policing Council to mediate jurisdictional disputes.
Ensure transparent communication in sensitive cases.

4. Ethical Oversight

Create independent ombudsmen at state level to examine central agency interventions.
Ensure victim-centric justice remains the core concern, not turf battles.

Conclusion

Centre-State tensions over policing reflect a structural faultline in India’s federal design. As central agencies like the CBI become more active, the balance between justice and jurisdiction must be carefully managed. Respecting constitutional boundaries, promoting dialogue, and building institutional trust is essential to uphold both law and federal integrity.

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