About CBI
- Premier investigating police agency in India.
- Investigates corruption, economic offences, and serious crimes.
- Not a constitutional/statutory body—established by a 1963 executive resolution of the Ministry of Home Affairs.
- Functions under Delhi Special Police Establishment Act (DSPE), 1946.
- Admin control: Ministry of Personnel, Public Grievances and Pensions (under PMO).
Historical Background
- Origin: 1941 – Special Police Establishment (War & Supply Dept).
- Formalized: DSPE Act, 1946.
- Rebranded as CBI: 1963, by merging with DSPE.
Motto, Mission, and Vision
- Motto: Industry, Impartiality, and Integrity.
- Mission: Uphold Constitution and investigate offences impartially.
- Vision: Combat corruption and crimes with professionalism.
Composition
- Headed by a Director.
- Assisted by Special Directors, Additional Directors, Joint Directors, DIGs, SPs, and legal/forensic experts.
- Also includes Directorate of Prosecution and Forensic Science Lab.
Appointment of Director
- Appointed by Central Govt on recommendation of a 3-member committee:
- PM (Chairperson), Leader of Opposition, CJI or SC nominee.
- Tenure: Fixed 2 years (as per CVC Act, 2003).
- Amendment (2021): Extendable annually, max 5 years.
Powers & Functions
- Investigates:
- Corruption & misconduct (Central Govt employees).
- Economic offences (tax evasion, frauds).
- High-profile conventional crimes.
- Coordinates with State Police and Anti-Corruption agencies.
- Maintains crime data and acts as Interpol’s National Central Bureau.
Jurisdiction & Consent
- CBI needs State Government consent to operate within a State (under Section 6, DSPE Act).
- General Consent: Blanket permission.
- Case-Specific Consent: For individual cases.
- Many states have withdrawn general consent, raising federalism concerns.
Administrative Control
- General Superintendence: Central Government.
- For Prevention of Corruption Act offences: Central Vigilance Commission (CVC).
Supreme Court Judgments
- Vineet Narain (1997): Fixed 2-year tenure; high-powered committee for appointment.
- Subramanian Swamy (2014): Struck down Section 6A (prior sanction for probing Joint Secy and above).
- Common Cause (2018): Reaffirmed appointment process; safeguards for Director’s tenure.
Challenges
- Political interference – “Caged parrot” (SC remark).
- No statutory backing – exists via executive resolution.
- Inadequate manpower, funding, and technical resources.
- Lack of autonomy – dependency on Centre for investigations and permissions.
- Poor conviction rate in high-profile cases.
- Allegations of misuse against opposition leaders.
Reform Measures (Parliamentary Committee)
- Enact a comprehensive CBI Act to define jurisdiction & powers.
- Enhance manpower and infrastructure.
- Statutory autonomy for operational independence.
- Clear oversight and accountability mechanisms.
- Address inter-agency coordination and reduce duplication with state police.