Central Bureau of Investigation (CBI)

Syllabus: General Studies Paper 2

Supreme Court made an observation about the Central Bureau of Investigation (CBI) as “a caged parrot speaking in its master’s voice”.

Central Bureau of Investigation

The Central Bureau of Investigation (CBI), functioning under Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India, is the premier investigating police agency in India. It is also the nodal police agency in India that coordinates investigation on behalf of Interpol Member countries.

Background

• The Central Bureau of Investigation (CBI) owes its origin to the Special Police Establishment, constituted by the British government in 1941, which was substituted by the Delhi Special Police Establishment (DSPE) Act, 1946.
• The CBI came into existence on 1 April, 1963, through a Government of India resolution. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-64)
• The CBI is not a statutory body. Its investigative and jurisdiction powers are governed by the DSPE Act, 1946.
• In 2021, The Delhi Special Police Establishment (DSPE) Act, of 1946 and the Central Vigilance Commission (CVC) Act, of 2003 were amended to extend the tenure of CBI and ED directors

Composition of CBI:

• The CBI is headed by a Director and he is assisted by a Special Director or an additional director.
• Additionally, it has a number of joint directors, deputy inspector generals, superintendents of police and all other usual ranks of police personnel.

Powers and Jurisdiction of CBI:

• DSPE Act confers upon the CBIs concurrent and co-extensive powers to carry out the investigation of the offences mentioned under the same section.
• The Central Government has the power to extend the jurisdiction of the CBI to any area, except union territories, that falls within the geographical boundaries of India, subject to the consent of the state so concerned
• An additional power conferred in the CBI Constitution is that CBI can correspond with and demand information from any Ministry or Department of the central or State Government
• The officers of the CBI also have the added power of being exempt from the provisions of the Right to Information Act of 2005.
• As a large number of public sector undertakings came up, the employees of these undertakings were also brought under CBI purview.
• Similarly, with the nationalization of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the CBI.
• CBI can Suo-moto take up investigation of offenses only in the Union Territories.
• The Central Government can authorize CBI to investigate a crime in a State but only with the consent of the concerned State Government.
• The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State.