CENTRAL
BUREAU OF INVESTIGATION (CBI) - POLITY
News:
Tamil Nadu withdraws general consent for CBI within State
What's in the news?
● The
DMK-led government in Tamil Nadu announced that it has withdrawn the general
consent given to the Central Bureau of Investigation (CBI), under Section 6 of
the Delhi Special Police Establishment (DSPE) Act, allowing the agency to
investigate cases without its permission in the State.
● The
move came on the day when its Electricity Minister V. Senthilbalaji was
arrested by another central agency, the Enforcement Directorate (ED).
Key takeaways:
● Mizoram,
West Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand, Punjab
and Meghalaya had withdrawn their general consent given to CBI as of March.
2023.
CBI:
● CBI
is the foremost investigative police agency in India.
Legal Status:
● It
is a non-constitutional and
non-statutory body.
● It
derives power to investigate from the Delhi
Special Police Establishment Act, 1946.
● It
was established in 1941 as the Special Police Establishment.
● It
was renamed to present nomenclature in 1963.
Headquarters:
New Delhi.
Motto: Industry,
Impartiality, Integrity.
Organization structure:
● It
is headed by Director, an IPS officer of DGP rank.
● The CBI Director is
selected by a committee comprising Prime Minister, Chief Justice of India and
Leader of Opposition or leader of the largest party in opposition in Lok Sabha.
● The
tenure of CBI director has been extended from two years to five years now. The change in tenure of the CBI Director was
done by amending the Delhi Special Police Establishment Act, 1946. However, no
extension can be granted to the CBI chief after a period of five years.
Vision:
● Combating
corruption in public life.
● Curbing economic and
violent crimes through meticulous investigation and
prosecution.
● Contribute
to the battle against cyber and high-tech crime by developing effective methods
and procedures for successful investigation and prosecution of cases in various
law courts.
● Assist
state police organizations and law enforcement agencies with national and
international collaboration, notably in the areas of investigations and case
investigation.
● Take
the lead in the fight against domestic and international organized crime.
● Protect
human rights, the environment, the arts, antiques, and our civilization's
heritage.
● Develop
a scientific temperament, humanism, and an inquiry and reform mentality.
● Strive
for quality and professionalism in all aspects of the organization's operations
so that it can reach new heights of ambition and achievement.
Powers:
● CBI
investigates cases related to economic
crimes, special crimes, cases of corruption and other high-profile cases.
● CBI
comes under the jurisdiction of the Ministry
of Personnel, Public Grievances and Pensions.
● CBI
is exempted from Right to Information (RTI) Act similar to the National
Investigation Agency (NIA), National Intelligence Grid (NATGRID),
etc.
Concerns:
● Exemption from RTI Act
- issues of transparency and accountability.
● Consent required from the
state government in investigation of cases - affects
their functioning.
● Political
interference - complaints from opposition parties such as the government
misusing powers of CBI to curb their voice.
● Low
conviction rate and delayed investigation in many cases.
● Requirement
of prior clearance from the Central Government to conduct inquiries or
investigations of Central Government employees at the level of Joint Secretary
and above causing hurdles in their effective functioning.
To
ensure that the CBI is a strong, independent, and credible investigation
agency, a much more transparent framework to oversee the CBI's appointment and
operations is urgently needed.