Judicial review permits CBI investigation without State consent in exceptional cases to secure fair and impartial inquiry.

Constitutional courts' power of judicial review under Articles 32 and 226 is not curtailed by Section 6 of the Delhi Special Police Establishment Act, 1946 or by the federal distribution of powers under Article 246. In exceptional cases, a High Court may direct a CBI investigation within a State without State consent where necessary to enforce fundamental rights, preserve the rule of law, and secure a fair and impartial investigation. Article 21 is treated as protecting the right to an effective investigation for both accused persons and victims, and judicial intervention is justified only sparingly when local investigation lacks credibility or fairness.

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Issues: (i) Whether the constitutional scheme and the doctrine of separation of powers bar a High Court from directing investigation by the CBI under Article 226 of the Constitution of India without the consent of the State Government, despite Section 6 of the Delhi Special Police Establishment Act, 1946. (ii) Whether the power of judicial review under Articles 32 and 226, as an integral part of the basic structure, permits constitutional courts to issue such a direction to secure fundamental rights and a fair and impartial investigation.

Issue (i): Whether the constitutional scheme and the doctrine of separation of powers bar a High Court from directing investigation by the CBI under Article 226 of the Constitution of India without the consent of the State Government, despite Section 6 of the Delhi Special Police Establishment Act, 1946.

Analysis: The distribution of legislative powers under Article 246 and the State-consent requirement in Section 6 of the Delhi Special Police Establishment Act, 1946 restrict the executive and legislative reach of the Union in relation to police powers outside the State. However, those restrictions do not operate as a curb on the constitutional power of judicial review exercised by High Courts under Article 226. The constitutional court acts to uphold the Constitution, and directing an investigation in an exceptional case does not amount to an intrusion by one organ into the exclusive legislative field of another. The federal structure is preserved, not violated, when courts intervene to enforce constitutional guarantees and maintain the rule of law.

Conclusion: The High Court is not barred from directing CBI investigation without State consent in an appropriate case; the direction is valid in law and does not violate the federal structure or separation of powers.

Issue (ii): Whether the power of judicial review under Articles 32 and 226, as an integral part of the basic structure, permits constitutional courts to issue such a direction to secure fundamental rights and a fair and impartial investigation.

Analysis: Fundamental rights in Part III are inherent and cannot be abrogated or diluted by legislative or constitutional action contrary to the basic structure. Article 21 protects life and personal liberty and includes the right to a fair and impartial investigation, not only for the accused but also for victims. Articles 32 and 226 confer wide constitutional remedies, and judicial review is essential to enforce those rights and to test whether constitutional limitations have been transgressed. Where exceptional facts show that local investigation lacks credibility or fairness, constitutional courts may direct an independent agency to investigate so that fundamental rights are made effective in practice.

Conclusion: Constitutional courts may direct CBI investigation under Articles 32 and 226 in exceptional situations to protect fundamental rights and secure fair investigation.

Final Conclusion: The reference was answered in favour of the power of the High Court to order CBI investigation in an appropriate case, and the impugned direction was sustained, subject to the court's duty to exercise that power sparingly and only in exceptional circumstances.

Ratio Decidendi: The constitutional power of judicial review under Articles 32 and 226 cannot be curtailed by Section 6 of the Delhi Special Police Establishment Act, 1946, and a constitutional court may direct CBI investigation within a State without State consent where necessary to enforce fundamental rights and ensure a fair and impartial investigation in exceptional cases.

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