CBI DIRECTOR - POLITY
News: Karnataka DGP Praveen Sood to be next Director of CBI
What is in the news?
●
Karnataka Director General
of Police Praveen Sood will be the next Director of the Central Bureau of
Investigation (CBI) by the selection committee.
Appointment of CBI director:
●
The CBI director is
appointed according to provisions under the Delhi Special Police Establishment
Act (1946) and amendments therein brought by the Lokpal and Lokayuktas Act,
2013.
●
The appointment is made
by the Centre on recommendation by a three-member Appointment Committee.
●
The Appointment or Selection committee comprises three members.
○ Prime
minister of india
○ Chief
justice of India or judge of supreme court nominated by CJI.
○ Leader
of opposition of lok sabha.
●
If there is no recognized
LoP, then the leader of the single largest party is included in the committee.
●
Tenure:
Central Vigilance Commission act 2003 prescribes the CBI director's tenure as
two years.
Supreme court orders for the appointment of CBI
director:
●
Supreme
court judgment in 2019:
○ The
apex court, in a 2019 order, mandated that no officer with less than six
months' tenure remaining can be considered for the post of CBI chief.
○ The
court also ruled that the director is to remain in office for 'not less than 2
years' and can be transferred only with the consent of the appointing
committee.
●
Union
of India vs C. Dinakar case:
○ The
SC in Union of India versus C. Dinakar, 2001 case has held that “ordinarily IPS
officers of the senior most four batches in service on the date of retirement
of CBI Director, irrespective of their empanelment, shall be eligible for
consideration for appointment to the post of CBI Director”.
Central Bureau of Investigation:
●
It is the premier
investigative agency of India.
●
The agency was
established in 1963 by the Indian government as a result of the recommendation
of the Santhanam Committee.
●
CBI is not a statutory
body.
●
It derives its power to
investigate from the Delhi Special
Police Establishment Act 1946.
●
Ministry
of control:
○ The
CBI works under the jurisdiction of the Ministry
of Personnel, public grievances and pensions.
○ However,
for investigation of offenses under the Prevention
of Corruption Act, the CBI vests superintendence to the Central Vigilance
Commission.
●
Functions:
○ Investigate
corruption offenses by the Central
government servants, Public Sector Undertakings (PSUs) and of the Public
Sector Banks (PSBs).
○ Economic crimes
like financial frauds, narcotics, antiques, smuggling etc.
○ Important
conventional crimes such as murders,
kidnapping, terrorist crimes, etc., on a selective basis.