The Delhi Special Police Establishment will have jurisdiction:
1. in respect of a state only with the consent of the concerned state
2. in respect of National Capital Territory of Delhi with the consent of Delhi Government
3. in the State of Rajasthan regarding railway areas in that state
Select the correct answer using the code given below:

Correct option is D

The correct answer is (d) 1 and 3.

Explanation

The jurisdiction of the Delhi Special Police Establishment (DSPE), commonly known as the CBI, is defined by its parent Act of 1946. Because "Police" is a State Subject under the Seventh Schedule of the Constitution, the CBI’s powers are strictly governed by consent and geographical limitations.

• Statement 1 is correct: According to Section 6 of the DSPE Act, 1946, the CBI cannot exercise its powers and jurisdiction in any area in a State (other than Union Territories or Railway areas) without the consent of the Government of that State. This is why the CBI cannot investigate a local crime in a state like West Bengal or Tamil Nadu unless the state government grants permission (General or Specific Consent).
• Statement 2 is incorrect: The DSPE was originally created specifically for the Union Territory of Delhi. Under Section 2 of the Act, the CBI has inherent jurisdiction over Union Territories. Since the National Capital Territory (NCT) of Delhi is a Union Territory, the CBI does not require the consent of the Delhi Government to operate there.
• Statement 3 is correct: Under Section 2(1) of the Act, the Central Government may constitute a special police force for investigation in any Union Territory. Crucially, the definition of the CBI's jurisdiction includes Railway areas. Historically and legally, the CBI has direct jurisdiction over crimes committed within the railway premises across India, as these are often interconnected across state lines and fall under the Union’s oversight.

Information Booster:

The issue of "State Consent" is one of the most debated topics in Indian Federalism.

Types of Consent:

1. General Consent: A state gives a standing authorization to the CBI to investigate specific types of cases (like corruption against central employees) without asking for permission every single time.
2. Specific Consent: If General Consent is withdrawn, the CBI must apply to the State Government for permission on a case-to-case basis before registering an FIR.

Exceptions to Consent:

• The Supreme Court and High Courts can order the CBI to investigate a crime anywhere in the country without the consent of the State Government. In such cases, the state’s refusal is legally irrelevant.