Statutory Bodies

Indian Polity UPSC Civil Services Examination (General Studies)

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Study Notes

06-May-25

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Appointment to Central Bureau of Investigation (CBI)

Context

Recently, the high-level committee, headed by the Prime Minister of India, met to select the next Director of the Central Bureau of Investigation (CBI).
- Due to the lack of consensus on a new appointment, incumbent CBI Director is all set to get a one-year extension.

About the Central Bureau of Investigation (CBI)

It is India’s specialized investigative agency, responsible for tackling high-profile crimes, corruption, and national security matters.

Origins & Evolution

The CBI traces its roots to the Special Police Establishment (SPE), formed in 1941 to investigate corruption in wartime procurement.
It was officially established by an executive order of the Government of India in 1963, on the recommendation of Santhanam Committee.
- It was not created by an Act of Parliament, thus not a Statutory Body.

Functioning

Under DoPT, Ministry of Personnel, Public Grievances, and Pensions.
It derives its investigative powers from the Delhi Special Police Establishment (DSPE) Act, 1946.
It is exempted from the purview of the Right to Information (RTI) Act.

Jurisdiction

The Central Government can authorize CBI to investigate such a crime in a State but only with the consent of the concerned State Government.
The Supreme Court and High Courts can order CBI to investigate such a crime anywhere in the country without the consent of the State.
CBI can suo-moto take up investigation of offences only in the Union Territories.

Organizational Structure of CBI

Director of CBI: It is the head of the agency, appointed by the Central Government.
- Oversees all investigative operations and policy decisions.
Specialized Divisions: Anti-Corruption Division; Economic Offenses Division; Special Crimes Division; Directorate of Prosecution; Policy & Coordination Division; and Central Forensic Science Laboratory.
Regional Offices: CBI has regional offices across India, each headed by a Joint Director or Additional Director.
International Coordination: CBI serves as India’s nodal agency for Interpol, handling cross-border investigations.

Appointment of the Director of the CBI
– The Director of the CBI is appointed by the Appointments Committee of the Cabinet based on recommendations from a high-level selection panel.
– The selection process follows provisions under the Delhi Special Police Establishment (DSPE) Act, 1946.
– Selection Committee Composition:
1. Prime Minister of India (Chairperson)
2. Chief Justice of India (CJI)
3. Leader of the Opposition (LoP) in Lok Sabha
– Tenure:
1.The head of CBI can have a maximum tenure of five years.

Key Concerns and Challenges

Jurisdiction and Consent Issues: The CBI requires prior consent from state governments to investigate cases within their jurisdiction.
- Several states have withdrawn general consent, limiting the agency’s ability to probe cases independently.
- It has led to legal disputes over the agency’s authority.
Supervision and Accountability: The CBI reports to the Central Vigilance Commission (CVC) and the Ministry of Personnel.
- The Supreme Court has termed the agency a ‘caged parrot’, highlighting concerns over political interference.
Delays in Investigation and Prosecution: High-profile cases often face delays due to bureaucratic hurdles and legal complexities.
- The agency’s conviction rate varies, raising concerns about efficiency.
Manpower Shortages: Nearly 16% of the agency’s sanctioned strength is vacant leading to operational hurdles.

CBI Deputations Issue: The CBI faces challenges in filling posts through deputations, especially for ranks below inspector, due to the state’s reluctance to spare personnel for central deputation.

Way Forward: House Panel Recommendations

New Law to Define CBI’s Powers and Functions: The panel noted that the DSPE Act, 1946 has limitations, and recommended enacting a new law to clearly define the status, functions, and powers of the agency.
Framework for Direct Recruitment: Panel suggested that the CBI Director should monitor recruitment progress quarterly to ensure the agency remains sufficiently staffed.
Law to Probe National Security: The panel proposed a new legal provision allowing the CBI to probe national security-related cases without needing general consent from states.
Improving Recruitment and Training: A structured recruitment framework and advanced forensic capabilities could boost investigative efficiency.

Source: TH