Appointment to Central Bureau of Investigation (CBI)

Syllabus: GS2/Polity & Governance

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.

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  • Several states have withdrawn general consent, limiting the agency’s ability to probe cases independently.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