In Brief
West Bengal challenged the CBI's continued registration and investigation of cases within its territory after withdrawing its consent under Section 6 of the Delhi Special Police Establishment Act in November 2018. The Union of India raised preliminary objections to the suit's maintainability under Article 131 of the Constitution, arguing that related proceedings were pending elsewhere and that the Union had no direct role in CBI's actions. The Supreme Court held the suit is maintainable, finding that Article 131 suits are not barred by pending proceedings under other constitutional articles, as those provide general remedies while Article 131 provides a special remedy for State-Union disputes. The Court determined that the Union, having established and controlling the CBI under the DSPE Act, is the proper defendant, and the State has disclosed a legal right to restrict CBI jurisdiction without its consent, anchored in federalism principles.
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