CBI’s uneasy history

Subject : Governance

Concept :

Central Bureau of Investigation (CBI) is the premier investigating police agency in India.
It functions under the superintendence of the 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 investigations on behalf of Interpol Member countries.

Cases Handled by the CBI

Anti-Corruption Crimes – for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India.
Economic Crimes – for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
Special Crimes – for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts – such as cases of terrorism, bomb blasts, kidnapping for ransom and crimes committed by the mafia/the underworld.
Suo Moto Cases – 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.

Director of CBI

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.