Central Bureau of Investigation

Why in news?

• CBI gets permission to prosecute retired Allahabad HC judge in corruption case.

About Central Bureau of Investigation:

• CBI is the premier investigation agency in the country.
• It is responsible for investigating corruption cases, economic offences and important conventional crimes such as murders, kidnapping and terrorist crimes.
• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-1964).
• The CBI derives its powers from the Delhi Special Police Establishment Act, 1946. It is not a statutory body.
• Ministry of Personnel is responsible for the overall supervision and attending to the administrative matters of the CBI.
• The CBI is designated as the National Central Bureau of India for INTERPOL.

Functions of CBI:

• Investigating cases of corruption, bribery and misconduct of Central government employees.
• Coordinating the activities of the anti-corruption agencies and the various state police forces.
• Maintaining crime statistics and disseminating criminal information.
• Investigating cases relating to infringement of fiscal and economic laws. However, such cases are taken up either in consultation with or at the request of the department concerned.
• Investigating serious crimes, having national and international ramifications, committed by organised gangs of professional criminals.
• Taking up, on the request of a state government, any case of public importance for investigation.

Composition:

• The CBI is headed by a director. He is provided security of two-year tenure in office by the CVC Act, 2003.
• The director is assisted by a special director or an additional director.
• Additionally, CBI has a number of joint directors, superintendents of police and all other usual ranks of police personnel.

Appointment:

• The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act with respect to appointment of the Director of CBI.
• Now, the Central Government shall appoint the Director based on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him.
• Following a 2019 ruling by the Supreme Court, no officer with less than six months' tenure remaining can be considered for the post of chief.

Limited powers:

• CBI needs the consent of the State government before it can make its presence in that State, even when the investigation targets a Central government employee.
• In recent times, this has been a critical issue in states such as West Bengal and Kerala.
• However no such consent is required if the investigation is ordered by Supreme Court or High Court.

Add ons:

• There are two kinds of consent: case-specific and general.
•  General consent is normally given to help the CBI seamlessly conduct its investigation into cases of corruption against central government employees in the concerned state.
• Almost all states have given such consent. Otherwise, the CBI would require consent in every case.
• However recently Kerala became the fifth state after Maharashtra, West Bengal, Rajasthan and Chhattisgarh to withdraw the general consent accorded to the CBI to exercise its powers under the Delhi Special Police Establishment Act.

PRELIMS QUESTION

Consider the following statements regarding Central Bureau of Investigation (CBI):

1. It is organisationally under the jurisdiction of ministry of home affairs.

2. The appointment of director of CBI is regulated by the Delhi Special police establishment act.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer