APPOINTMENT
OF CBI : POLITY
NEWS: CBI Director Praveen Sood likely to get
one-year extension as selection panel fails to reach consensus
WHAT’S IN THE NEWS?
The CBI Director is likely to receive a one-year extension after the PM-led
high-level committee failed to reach consensus on a new appointment. The
development revives debates on CBI’s autonomy, jurisdictional limitations, and
the urgent need for a statutory framework.
1. Context of the Recent
Development
- A
high-level committee, headed by the Prime Minister of India,
convened recently to select the new Director of the CBI.
- The
committee included the Chief Justice of India and the Leader of
the Opposition in the Lok Sabha, as mandated by the DSPE Act.
- However,
the meeting ended without a consensus on the new appointment.
- Due to
this impasse, the current Director of the CBI is expected to receive a one-year
extension in service to avoid a leadership vacuum at the top of the
agency.
2. About the Central Bureau of
Investigation (CBI)
- The
CBI is India’s premier investigating agency, known for probing
high-profile crimes including corruption, economic offences, special
crimes, and cases of national importance.
- It
acts as the main anti-corruption watchdog at the national level and
assists state police in complex investigations.
- It
also represents India in international criminal cooperation,
especially through its role as the Interpol liaison agency.
3. Origin and Historical
Evolution
- The
CBI originated from the Special Police Establishment (SPE), which
was created in 1941 by the British Government during World War II
to detect corruption in procurement for war-related supplies.
- Post-Independence,
corruption in public services remained a serious concern. In 1963, the Government
of India established the CBI by an executive resolution following the
recommendations of the Santhanam Committee on Prevention of Corruption.
- Importantly,
the CBI was not established through a law passed by Parliament. Hence, it
is not a statutory body.
4. Legal Status and Administrative
Functioning
- The
CBI functions under the Department of Personnel and Training (DoPT),
which is part of the Ministry of Personnel, Public Grievances and
Pensions.
- Its
legal powers to investigate crimes are derived from the Delhi Special
Police Establishment (DSPE) Act, 1946.
- The
CBI is exempt from the Right to Information (RTI) Act, under
Section 24 of the Act, citing the sensitive nature of its operations. This
has been widely criticized for reducing transparency.
5. Jurisdiction and Operational
Limitations
- To
investigate a case in any state, the CBI requires either general
consent or case-specific consent from the concerned state
government.
- In
recent years, multiple states like West Bengal, Chhattisgarh, and Kerala
have withdrawn general consent, citing concerns of political
misuse of the agency.
- Court-ordered
Investigations:
- The Supreme
Court and High Courts have the constitutional power to direct
the CBI to take up a case in any state, even without the state's consent.
- The
CBI can suo motu register and investigate offences only in Union
Territories, as they are under direct control of the central
government.
6. Organizational Structure
- The
head of the agency and is responsible for all major policy and
investigative decisions.
- The
Director’s position is equivalent to the rank of Director General of
Police (DGP) and is protected under the DSPE Act for independent
functioning.
- Anti-Corruption
Division: Investigates corruption cases involving central
government employees, public sector undertakings, and state employees
(with consent).
- Economic
Offences Division: Handles bank frauds, financial scams, money
laundering, and corporate crimes.
- Special
Crimes Division: Investigates serious crimes like murder,
terrorism, kidnapping, and organized crime, often in high-profile or
sensitive cases.
- Directorate
of Prosecution: Ensures effective legal prosecution and courtroom
representation of CBI cases.
- Policy
and Coordination Division: Handles policy planning, inter-agency
coordination, internal review, and modernization strategies.
- Central
Forensic Science Laboratory (CFSL): Provides forensic services including DNA,
handwriting analysis, ballistics, etc., to aid investigations.
- Located
in major cities across India, each headed by a Joint Director or
Additional Director, they act as zonal CBI headquarters.
- Acts
as the Nodal Agency for Interpol in India, coordinating
extraditions, red notices, and cross-border crime investigations.
7. Appointment Process of CBI
Director
- The Appointments
Committee of the Cabinet (ACC) appoints the CBI Director based on
recommendations by a selection panel.
- Selection
Committee Composition:
- Prime
Minister of India – Chairperson
- Chief
Justice of India (CJI) or a Supreme Court judge nominated by the
CJI
- Leader
of Opposition (LoP) in the Lok Sabha (or leader of the single largest
opposition party if no LoP is formally designated)
- This
process was made mandatory after a 2014 Supreme Court judgment to
ensure transparency and independence in the appointment.
- Tenure:
- As
per the updated DSPE Act, the CBI Director shall have a fixed tenure
of up to 5 years, which provides stability and insulates the post
from arbitrary removal.
8. Key Issues and Concerns
a. Jurisdictional Barriers and Federal Tensions
- Without
state consent, the CBI cannot investigate crimes in that state—this limits
its pan-India applicability.
- Several
opposition-ruled states have denied general consent due to suspicions of
political misuse.
- This
has raised questions on federalism and uniformity of law enforcement
across the country.
b. Political Interference
- The
agency has been criticized for acting on political motivations, especially
in sensitive cases involving opposition leaders.
- The Supreme
Court called the CBI a "caged parrot" in 2013, expressing concern
over its lack of functional autonomy and external control by the
executive.
c. Procedural Delays and Inefficiencies
- High-profile
investigations are often delayed due to lack of coordination, court
procedures, or political interference.
- Delay
in filing charge sheets and long trial periods reduce public confidence in
the agency’s effectiveness.
d. Manpower Shortage
- As of
recent reports, 16% of CBI’s sanctioned posts remain vacant,
weakening its investigative capacity.
- Vacancies
exist across key levels like inspectors, forensic experts, legal officers,
and cyber specialists.
e. Deputation-Related Challenges
- The
CBI sources a large number of its personnel on deputation from state
police and other central forces.
- Many
state governments are unwilling to relieve their officers due to their own
internal shortages, especially at lower ranks.
9. Way Forward –
Recommendations by House Committee
a. New Comprehensive Legislation for CBI
- The
committee highlighted the limitations of the DSPE Act, 1946 and recommended
passing a dedicated CBI Act to define:
- The
legal status of the CBI
- Its
jurisdiction, powers, and procedures
- Its
structural independence and checks & balances
b. Structured Framework for Direct Recruitment
- The
CBI should reduce dependency on deputation by building its own cadre of
officers through direct recruitment, especially for technical and
specialized roles.
- The
Director should monitor quarterly updates on staffing to ensure
timely filling of vacancies.
c. Special Law for National Security Cases
- The
panel suggested a new legal framework to allow CBI to probe national
security-related cases without state consent.
- This
would enable the agency to swiftly act on terrorism, espionage, and cyber
warfare cases.
d. Capacity Building through Training and Forensics
- The
agency must adopt advanced forensic techniques and regularly update
its technology infrastructure.
- Training
modules should be modernized to include topics like digital crime,
artificial intelligence, blockchain investigations, and financial
forensics.
Source: https://www.thehindu.com/news/national/pm-modi-lop-rahul-cji-khanna-meet-to-pick-new-cbi-director-discussion-inconclusive/article69542163.ece