Why in the News?
- The Supreme Court upheld the maintainability of the West Bengal government’s case against the Union government over the registration and investigation of cases by CBI despite the state withdrawing general consent in 2018.
- The case was filed under Article 131, which grants the Supreme Court original jurisdiction in disputes between the Centre and states.
About CBI
- Genesis: Established in 1963 on the recommendation of the Santhanam Committee on Prevention of Corruption (1962-64).
- Ministry: Functions under the Ministry of Personnel, Pension & Public Grievances.
- Status: It is a non-statutory and non-constitutional body governed by the Delhi Special Police Establishment (DSPE) Act, 1946.
- Functions: Premier investigative agency handling anti-corruption, economic offences, and special crimes.
- Structure: Headed by a Director, assisted by a Special Director, Additional Directors, Joint Directors, Deputy Inspector Generals, and Superintendents of Police.
Jurisdiction and State Consent
- General Consent: Some states have granted general consent, allowing CBI to investigate cases without prior approval.
- Specific Consent: If a state withdraws general consent, CBI must seek permission from the state government for each case.
- Current Scenario: Several states, including West Bengal, Punjab, and Telangana, have withdrawn general consent, limiting CBI’s jurisdiction.
Key Judicial Pronouncements
- Common Cause vs Union of India (2019): SC ruled that the CBI Director must be appointed by a high-level committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India or his nominee.
- CBI v. Dr. R.R. Kishore (2023): SC ruled that its earlier 2014 judgment (Subramanian Swamy v. Director, CBI) striking down Section 6A of DSPE Act will have retrospective effect, meaning Section 6A has been invalid since its introduction.
- Vineet Narain v. Union of India (1997): Known as the Jain Hawala Case, SC struck down a 1969 directive restricting CBI’s ability to probe senior bureaucrats without government approval.
Challenges Facing CBI
- Vacancies: Nearly 1,709 positions are vacant out of a sanctioned strength of 7,295, affecting case pendency.
- Lack of Transparency: No publicly accessible case management system.
- State Consent Withdrawal: Nine states have revoked general consent, making investigations difficult.
- Political Influence: Allegations of being a “caged parrot” under political pressure.
- Funding Issues: Inadequate funding affects operations, training, and technological advancements.
Way Forward
- Strengthening Autonomy: Implement recommendations for a separate statutory framework for CBI, reducing political influence.
- Filling Vacancies: Expedite recruitment processes to improve efficiency.
- Transparency Measures: Introduce public case management systems for better accountability.
Revisiting State Consent: Modify laws to balance state autonomy with national security needs
