Q.The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting a probe within a particular state is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. (2021) – GS2 UPSC CSE MAINS.
This question was asked in UPSC CSE MAINS in 2021. In the recent times CBI is making the headlines on the regular basis , to simplify for you all the nitty gritty of this topic this blog has been written. This blog will present you details which will be helpful in your exam as well for developing the your basic understanding of the topic.This article by ZENSTUDY aims to understand in details the Central Bureau of Investigation (CBI), its composition, functions, structure,challenges, and suggested reforms to enhance its effectiveness and transparency.
Central Bureau of Investigation
Motto
Industry,
Impartiality
and Integrity
Origin of CBI:
1.The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
2.The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War2.
3. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt.
4.The Delhi Special Police Establishment Act was therefore brought into force in 1946,which transferred the superintendence of the Special Police Establishment to the Home Department and its functions were enlarged to cover all departments of the Government of India.
Post Independence:
1.Later, the Central Bureau of Investigation (CBI) was established in 1963 by a resolution of the Ministry of Home Affairs, Government of India.
The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
2.Through this resolution itself, the Delhi Special Police Establishment (DSPE) was merged with the CBI and made one of the divisions of the CBI.
3.Then,the CBI was transferred from the purview of the Ministry of Home Affairs to the Ministry of Personnel, Public Grievances and Pensions.
Functioning of CBI:
1.The Central Bureau of Investigation (CBI), functioning under Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India, is the premier investigating police agency in India.
2.It is an elite force playing a major role in preservation of values in public life and in ensuring the health of the national economy.
3.It is also the nodal police agency in India, which coordinates investigation on behalf of Interpol Member countries.
4.The CBI acts as the “National Central Bureau” of Interpol in India. The Interpol Wing of the Central Bureau of Investigation coordinates requests for investigation-related activities originating from Indian law enforcement agencies and the member countries of the Interpol
Jurisdiction of CBI:
1.It normally confines its activities in the anti-corruption field to offences committed by the employees of the Central Government and Union Territories and their public sector undertakings.
2.It looks into economic offences and cases of conventional crime.
3.Cases in which the financial interests of the central government are involved.
4.Big cases of fraud, cheating, embezzlement and similar other cases when committed by organized gangs or professional criminals having ramifications in several States.
COMPOSITION OF CBI:
1.Director, CBI, as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization.
2.In 2003, the DSPE Act was revised on the Supreme Court’s recommendation in the Vineet Narain case.
3.Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946.
4.The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to the composition of the CBI:
-The Central Government shall appoint the Director of Central Bureau of Investigation on the recommendation of a three-member committee consisting of the
-Prime Minister as Chairperson,
-The Leader of Opposition in the Lok Sabha
-The Chief Justice of India or Judge of the Supreme Court nominated by him.
-There shall be a Directorate of Prosecution headed by a Director for conducting the prosecution of cases under the Lokpal and Lokayuktas Act, 2013.
-The Central Government shall appoint officers of the rank of SP and above in the CBI on the recommendation of a committee consisting of –
-Central Vigilance Commissioner as Chairperson,
-The Vigilance Commissioners,
-The Secretary of the Home Ministry
the Secretary of the Department of Personnel.
Various Divisions of CBI
-Anti-Corruption Division
-Economic Offences Division
-Special Crimes Division
-Directorate of Prosecution
-Administration Division
-Policy & Coordination Division
-Central Forensic Science Laboratory
Problems Associated in Functioning of CBI
1.Excessive political interference
2.Enormous delays in concluding investigations.
3.Lack of accountability
(CBI is exempted from the provisions of the Right to Information Act)
4.Acute shortage of workforce in the CBI
5.Loss of Credibility:
(mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Faizan’s deaths, arrest of politicians from opposition parties,Toothukudi firing incident ,Bofors scandal, Hawala scandal, Bhopal gas tragedy etc.)
6.Limited Powers( powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt.)
7.Corruption and Politically Biased: This was highlighted in Supreme Court criticism for being a caged parrot speaking in its master’s voice
-CBI has been accused of becoming ‘handmaiden’ to the party in power.
(Pictures source:LiveLaw.in)
Recent Cases related to Jurisdiction of CBI:
Thoothukudi Firing Incident:
The Madras High court said that the agency had failed miserably and the fact that the agency had named only one inspector in its charge sheet would only lead to the conclusion that the agency was not acting independently.
Coalgate Case:
-In 2013, a Bench headed by Justice R M Lodha described the CBI as “a caged parrot speaking in its master’s voice.
CBI VS CBI Case:
-The SC in CBI VS CBI case held that the power to remove/send on leave the director of CBI, vested in the selection committee, not with the central govt.
-SC says this verdict when CBI Director challenge the decision of central govt to send him on leave without his will.
Way Forward
-Second Administrative Reforms Commission (2007) suggested that “a new law should be enacted to govern the working of the CBI”.
-Providing statutory status through legislation.
-Strengthening human resources by increasing strength of CBI.
-Better investments in infrastructural facilities.
-Increased financial resource and administrative empowerment with accountability.
-Giving more Powers and autonomy (related to Union, State and Concurrent list of the 7th schedule of Indian constitution), to the CBI.
-Separate enactment under – “Central Bureau of Intelligence and Investigation Act” and replace DSPE Act.
– Annual Social Audit should be carried out.
– CBI should be bifurcated into an Anti Corruption body and National Crime Bureau.