Central Bureau of Investigation

The Central Bureau of Investigation (CBI) is India’s premier investigative agency, entrusted with the responsibility of combating corruption, economic crimes, and other high-profile cases of national importance. Established in 1941 as the Special Police Establishment, it was renamed the Central Bureau of Investigation in 1963. With its headquarters in New Delhi, the CBI operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions of the Government of India. Over the years, the CBI has played a pivotal role in upholding the rule of law and ensuring justice in the country.

The Central Bureau of Investigation (CBI) is India’s foremost investigative agency, established in 1963 on the recommendation of the Santhanam Committee. Unlike statutory bodies, the CBI derives its authority to conduct investigations from the Delhi Special Police Establishment Act, 1946. It operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions, which falls under the purview of the Prime Minister’s Office. However, for cases related to offenses under the Prevention of Corruption Act, the CBI is supervised by the Central Vigilance Commission.

History

• During World War II, the Special Police Establishment (SPE) was formed in 1941 under the British Indian Department of War to investigate corruption allegations related to war procurements.
• Subsequently, it was officially established as an agency of the Government of India through the enactment of the Delhi Special Police Establishment (DSPE) Act, 1946.
• The Central Bureau of Investigation (CBI) is not a statutory body but operates under the authority granted by the DSPE Act, 1946.
• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
• In 1963, the Government of India established the CBI to investigate serious crimes including defense-related offenses, corruption at high levels, fraud, cheating, embezzlement, and social crimes such as hoarding and black-marketing of essential commodities with nationwide and interstate implications.
• Over time, the CBI expanded its investigative scope to include conventional crimes such as assassinations, kidnappings, hijackings, and crimes committed by extremists.

Appointment

• Director’s Responsibility: The Director of CBI, serving as the Inspector General of Police, Delhi Special Police Establishment, is accountable for the organization’s administration.
• Appointment Process till 2014: Previously, the appointment of the CBI Director was governed by the DSPE Act, 1946.
• Revisions in 2003: In 2003, amendments were made to the DSPE Act following the recommendations of the Supreme Court in the Vineet Narain case.
• Appointment Committee under Lokpal Act (2014): The Lokpal Act of 2014 established a committee for appointing the CBI Director, comprising the Prime Minister, Leader of the Opposition, or the single largest opposition party leader, and the Chief Justice of India or a Supreme Court Judge.
• Appointment Procedure: The Home Ministry sends a list of eligible candidates to the Department of Personnel and Training (DoPT), which prepares the final list based on criteria such as seniority, integrity, and experience in anti-corruption investigations. This list is then reviewed by the appointment committee.
• Tenure: The Director of CBI is granted a security of tenure for two years by the CVC Act of 2003. However, in November 2021, ordinances were promulgated allowing for the extension of the director’s tenure to up to five years.
• Amendments in DSPE Act: The recent amendments in the DSPE Act permit the extension of the Director’s tenure, upon recommendation of the committee led by the Prime Minister, Leader of the Opposition, and Chief Justice of India, for up to one year at a time, with a total limit of five years.

Jurisdiction

• Anti-Corruption Crimes: CBI investigates cases under the Prevention of Corruption Act involving public officials and employees of the Central Government, Public Sector Undertakings (PSUs), Corporations, or Government-controlled bodies.
• Economic Crimes: CBI handles major financial scams and serious economic frauds, including cases related to counterfeit currency, bank frauds, cybercrime, violations of import-export and foreign exchange laws, large-scale smuggling of narcotics, antiques, and other contraband items.
• Special Crimes: CBI investigates serious and organized crimes under the Indian Penal Code and other laws upon requests from State Governments or orders from the Supreme Court and High Courts. This includes cases such as terrorism, bomb blasts, kidnapping for ransom, and crimes committed by the mafia or underworld.
• Suo Moto Cases: CBI has the authority to initiate investigations on its own in Union Territories.
• Authorization for State Investigations: The Central Government can authorize CBI to investigate crimes in a State, but only with the consent of the concerned State Government.
• Court Orders: However, the Supreme Court and High Courts have the power to direct CBI to investigate crimes anywhere in the country without the need for State consent.

Challenges

• Political Interference: The CBI has faced severe criticism from the Supreme Court, being described as a “caged parrot” speaking in its master’s voice, due to excessive political interference in its operations. It has often been manipulated by the ruling government to suppress wrongdoing and control political opponents.
• Delayed Investigations: The agency has been accused of significant delays in completing investigations, notably evident in cases like the Jain hawala diaries, dating back to the 1990s.
• Loss of Credibility: The CBI’s reputation has suffered due to its mishandling of high-profile cases involving politicians and sensitive matters like the Bofors scandal, Hawala scandal, and the Aarushi Talwar case, leading to a loss of public trust.
• Lack of Accountability: Exempted from the Right to Information Act, the CBI lacks public accountability, raising concerns about transparency and oversight.
• Shortage of Personnel: The agency faces a shortage of personnel, exacerbated by mismanagement and biased recruitment policies, impacting its effectiveness.
• Limited Powers: The CBI’s investigative powers are subject to the consent of state governments, restricting its jurisdiction and effectiveness.
• Restricted Access: Requiring prior approval from the Central Government to investigate employees at higher bureaucratic levels poses a significant obstacle in combating corruption within the government.

Way Forward

• Administrative Independence: The CBI should be freed from the administrative control of the government to ensure autonomy in its operations. Currently, the government’s authority to transfer and appoint officials within the CBI undermines its ability to conduct impartial investigations.
• Statutory Status: Granting statutory status to the CBI, akin to institutions like the Comptroller & Auditor General and the Election Commission, would safeguard its independence. This status should be established through legislation to ensure the agency’s autonomy.
• Recommendations for Improvement: The twenty-fourth report of the Department-related parliamentary standing committee proposed several measures to enhance the CBI’s effectiveness. These include bolstering human resources, investing in infrastructure, providing sufficient financial resources, and granting administrative empowerment with accountability.
• Expansion of Powers: The CBI should be endowed with expanded powers relating to matters listed in the Union, State, and Concurrent lists of the Indian Constitution’s Seventh Schedule. This would enable the agency to address a broader range of issues effectively.
• Legislative Changes: Recommendations have been made for the enactment of a separate legislation, the “Central Bureau of Intelligence and Investigation Act,” to replace the outdated DSPE Act. This proposal has been supported by committees such as the L P Singh committee in 1978 and the Second Administrative Reforms Commission in 2007.

Also read about Lokpal and Lokayuktas.