CBI an independent agency, not a limb of the Union govt

CBI an independent agency, not a limb of the Union govt

Subject : Polity

Section: National body

Context:

• The Union government claimed in the Supreme Court on Thursday that the Central Bureau of Investigation (CBI) was its own boss and the government had no control whatsoever over the probe agency in the registration, investigation, and prosecution of cases.

What is CBI?

• Central Bureau of Investigation (CBI) is the premier investigating police agency in India.
• It provides assistance to the Central Vigilance Commission and Lokpal.
• It functions under the superintendence of the Deptt. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India – which falls under the prime minister’s office.
• However for investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission.
• It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.
• Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.
• The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946.
• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).

How is the Director of CBI Appointed?

• Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
• Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946.
• In 2003, DSPE Act was revised on Supreme Court’s recommendation in the Vineet Narain case.
• A committee that had members from Central Vigilance Commission, Secretaries from Home Ministry, Ministry of Personnel and Public Grievances would send recommendations to Central Government for the appointment of CBI Director.
• In 2014, the Lokpal Act provided a committee for 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 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.
• Director of CBI has been provided security of two year tenure, by the CVC Act, 2003.

What Challenges are Faced by the CBI?

• Political Interference: The Supreme Court of India has criticised the CBI by calling it a “caged parrot speaking in its master’s voice”, due to excessive political interference in its functioning.
• It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
• Delayed Investigations: It has been accused of enormous delays in concluding investigations – For example, the inertia in its probe against the high dignitaries in Jain hawala diaries case [of the 1990s].
• Loss of Credibility: Improving the image of the agency is one of the biggest challenges till now as the agency has been criticised for its mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Hawala scandal, Sant Singh Chatwal case, Bhopal gas tragedy, 2008 Noida double murder case(Aarushi Talwar).
• Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
• Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce, through a system of inefficient, and inexplicably biased, recruitment policies – used to bring in favoured officers, possibly to the detriment of the organisation.
• Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
• Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government, of the level of Joint Secretary and above is a big obstacle in combating corruption at higher levels of bureaucracy.