Central Bureau of Investigation – Indian Polity Notes

Under Schedule-VII of the constitution, “Police” is mentioned in state list. For investigation of crimes or cases by Central Government, the Central Bureau of Investigation (CBI) acts as prime investigative authority of central government. It is tasked to investigate matters of national importance or cases referred to them by the higher judiciary.

Historical Background:

Need of special policing unit was felt in post World War – II era to control bribery and corruption related cases. In 1941 with executive order of British Indian Government, Special Police Establishment came into being to take up cases related to corruption and bribery.

This 1941 order was later replaced by an act of then British Indian legislature provided under Government of India Act 1935 as Special Police Establishment Act 1946.

This act enlarged the scope of cases dealt by this special unit to include other professional crimes and fraudulent cases.

After independence of India, by executive order the scope of work was further enlarged to make it as prime investigative agency of Centre and was renamed as Central Bureau of Investigation on April 1, 1963.

Mission and Vision of Central Bureau of Investigation:

Mission:

As per order by which CBI was made prime investigative agency in 1963, the mission of the agency is:

• To uphold constitution of India and law of land by in-depth investigation and prosecution of offences
• To provide leadership and directions to police forces.
• To act as nodal agency for inter state and international cooperation.

Vision:

• Combating corruption in public life, curb economic and violent crimes through meticulous investigation and prosecution.
• Evolve effective systems and procedures for investigation.
• Help fight cyber and high technology crime.
• Support state police organizations and law enforcement agencies in national and international cooperation particularly relating to enquiries and investigation of cases.
• Play a lead role in the war against national and transnational organized crime.
• Uphold Human Rights, protect the environment, arts, antiques and heritage of our civilization.
• Develop a scientific temper, humanism and the spirit of inquiry and reform.
• Strive for excellence and professionalism in all spheres of functioning.

Appointments:

Central Bureau of Investigation is led by Director, who is usually senior IPS officer.

As per guidelines laid down by Supreme Court in Vineet Narain Case, the appointments are made based on recommendations of committee comprising Prime Minister, Leader of Opposition in Lok Sabha and the Chief Justice of India under provisions of Lokpal and Lokayukta Act 2014.

In case, office of Leader of Opposition in Lok Sabha is vacant, leader of largest single party in opposition is appointed as member.

Tenure:

The Director of CBI is provided with tenure of 2 years.

Divisions with the Central Bureau of Investigation:

1. Anti Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Directorate of Prosecution.
5. Administration Division
6. Policy & Coordination 
7. Central Forensic Science Laboratory

Functions:

Central Bureau of Investigation (CBI) being prime investigation agency of union government is responsible for investigating cases of important nature such cases can be taken by them on request of state/central government (general consent) or based on orders by courts wherein courts can transfer investigation from state police to CBI. The Agency can take up cases in union territories suo-moto (without consent).

The main function are:

• Investigating cases related to corruption, scam etc.
  • In matters related to corruption by officials Central Bureau of Investigation (CBI) works under supervision of Central Vigilance Commission (CVC) under Prevention of Corruption Act 1988.
  • Note: only Anti Corruption Division is under supervision of CVC, other departments are outside of its purview.
• Investigating serious crimes having national and international implications.
• Maintenance of crime statistics, criminal information and sharing this information with other agencies as per requirement.
• To act as nodal agency to cooperate with Interpol.

Jurisdiction: 

Central Bureau of Investigation has jurisdiction over all union territories only and over central government employees. It has no suo-moto powers to take cases outside it’s jurisdiction area.

Consent:

• Since police is in state list, CBI cannot take suo moto investigation of cases. 
• It can take up investigation only with consent of states. With consent of state, CBI assumes power equivalent to the state police department. 
• Under Section 6 of Delhi Special Police Establishment (DSPE) Act, It is of two types:
  • General Consent: Consent given to take up investigation in states. Prior permission is not needed in each cases.
  • Special Consent: If General Consent is revoked, for investigation if CBI needs to enter state, they need prior permission of state government (specifically of state home department).

Supreme Court Judgements:

Vineet Narain Case 1997: 

Supreme Court questioned the functioning of the CBI by comparing it with a “caged parrot”. The court issued guidelines to improve the functioning of the agency:

1. CBI should be supervised by Central Vigilance Commission.
2. There shall be no interference in day-to-day administration.
3. For Director of CBI:
   1. There shall be secured tenure of 2 years. He shall not be transferred within those 2 years.
      1. The Director of CBI can be transferred only on recommendations of high power committee constituted for this purpose.
   2. Appointments shall be made based on recommendations of committee comprising Prime Minister, Leader of Opposition in Lok Sabha and Chief Justice of India.

Concerns:

• Diffused Responsibility: CBI is dependent on multiple government departments and their roles are diffused and the agency is made answerable to these departments in nominal sense.
  • Department of Personnel & Training: For Budget
  • Ministry of Home Affairs: For appointment for IPS officers
  • Ministry of Law: For lawyers for CBI.
  • UPSC: Senior IPS appointment above rank DSP.
• Excessive political interference: It has been noted on several occasions by the Supreme Court, that CBI has undue political interference in their working. In landmark Vineet Naraian Case of 1997, the Supreme Court has called the CBI as “Caged Parrot”.
• Enormous delays in concluding investigation. In most of corruption cases, investigation halts when central government changes.
• Lack of credibility: due to political interference, agency has lost credibility.
• Acute shortage of personnel: the lower level officers are directly recruited but higher level(IPS rank) officers are sent by states. 
• Restricted Access: Prior consent is required from central government, if employee is of level joint secretary

Role of Lokpal:

To bring overall superintendence of all functions of Central Vigilance Commission & Central Bureau of Investigation, office of Lokpal was envisaged.

To give effect to it, the Lokpal & Lokayukta Act 2013 was passed. Under Act, appointments, removal, transfer of CBI director will come under control of Lokpal.

Recent Controversy:

In 2018, the agency saw “turf war” between two of its directors. Then Special Director of CBI, Mr Rakesh Asthana sent notice against, then Director of CBI Mr Alok Verma under Section 11 of Central Vigilance Commission Act and started investigation against him.

The Central Government intervened and suspended both officers. As per guidelines laid down by the Supreme Court in Vineet Narain Case, Director of CBI cannot be removed. Based on this, Mr Alok Verma moved to Supreme Court

Way Forward:

There is dire need to provide statutory status to CBI. While doing so it is imperative to add provisions which will strengthen the agency and reduce undue political interference from it.

It shall act as prime investigative agency and it should not take up cases which are politically motivated.

There is need to make agency account either via submitting annual report to the President which will be laid in parliament or by any other means.

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