Context: The SC has called it a caged parrot, and CJIs have expressed doubts over its credibility and said it is no longer trusted. Attempts to secure its independence have been opposed or overturned by successive governments.
In this regard, let us know the institution in detail:
What is CBI?
- The Central Bureau of Investigation (CBI) is an elite force playing a major role in the preservation of values in public life and in ensuring the health of the national economy.
- It is also the nodal police agency in India, which coordinates investigation on behalf of Interpol Member countries.
- It functions under the Department of Personnel, Ministry of Personnel, Pension & Public Grievances of the Government of India.
- It is not a statutory body; it derives its powers from the Delhi Special Police Establishment Act, 1946.
- It works under the supervision of the CVC (Central Vigilance Commission) in matters of the Prevention of Corruption Act, 1988.
History of Central Bureau of Investigation:
- Following corrupt practices in World War 2, the organization known as the Special Police Establishment (S.P.E.) was created under a Deputy Inspector General of Police by the Government of India, in 1941, by executive order.
- he Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
- The Delhi Special Police Establishment Act was brought into force in 1946. This Act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the Govt. of India.
- The jurisdiction of the SPE extended to all the Union Territories and could be extended also to the States with the consent of the State Government concerned.
- The Santhanam Committee on Prevention of Corruption recommended the establishment of the CBI.
- The DSPE acquired its popular current name, Central Bureau of Investigation (CBI), through a Home Ministry resolution in 1963.
- In 2021, The Delhi Special Police Establishment (DSPE) Act, of 1946 and the Central Vigilance Commission (CVC) Act, of 2003 were amended to extend the tenure of CBI and ED directors
Director of CBI:
- Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization.
In 2014, the Lokpal Act provided a committee for the appointment of CBI Director:
- Headed by Prime Minister
- Other members – Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge.
- Home Ministry sends a list of eligible candidates to the Department of Personnel and Training (DoPT). Then, the DoPT prepares the final list on basis of seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the committee
Jurisdiction of Central Bureau of Investigation:
- Initially, the offenses that were notified by the Central Government related only to corruption by Central Govt. servants.
- As a large number of public sector undertakings came up, the employees of these undertakings were also brought under CBI purview.
- Similarly, with the nationalization of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI.
- From 1965 onwards, the CBI has also been entrusted with the investigation of Economic Offences and important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.
- CBI can Suo-moto take up investigation of offenses only in the Union Territories.
- The Central Government can authorize CBI to investigate a crime in a State but only with the consent of the concerned State Government.
- The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State.
Source: Indian Express