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National Jute Board has anticipated a cut in Jute production by 20% this financial year.

About Jute Industry 

The jute industry is the oldest and prominent industry in India. 

• Major Jute-Producing States
  • Key States: West Bengal, Assam, Bihar, Orissa, and Andhra Pradesh.
    • Concentration of Jute cultivation: 85% of the world’s jute cultivation is in the Ganges Delta. 
  • Primary Focus: West Bengal dominates the industry due to the highest number of jute mills.
• Importance to National Economy
  • Golden Fiber: Jute is known for being natural, renewable, biodegradable, and eco-friendly which makes it ideal for ‘safe’ packaging.
  • Products: Includes hessian (burlap), sacking cloth, food-grade jute cloth, yarn, carpet backing cloth, blankets, decorative fabrics, floor coverings, and shopping bags.
  • Capacity: India has over 50 million spindles and 842,000 rotors for jute production.
• Global Standing
  • Production Leader: India produces a major proportion  of the world’s jute goods.
  • Domestic Consumption: Around 90% of jute production is used within India.
  • Production Figures: Jute production was 1,246,600 metric tonnes in 2022-23, up from 1,080,000 metric tonnes in 2021-22.

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Status of Indian Jute Exports

• Growth in Jute Exports
  • CAGR: Jute exports grew at a CAGR of 9% between 2015-16 and 2020-21.
  • Key Months: In March and February 2022, India exported jute and floor coverings worth about US$ 49 million each.
• Diversification of Jute Products
  • Jute-diversified Products: India exports various jute products, including hand & shopping bags, gift articles, decorative fabrics, etc.
  • JDP Share: JDPs have the maximum share in jute exports, valued at about US$ 21.24 billion in 2022-23.

Government Initiatives for Jute Industry

• Improved Cultivation and Retting Exercises (ICARE): Focuses on enhancing cultivation and retting practices.
• Domestic Market Promotion Activities (DMPA): Increases domestic sales of jute products.
• Export Promotion Schemes
  • Export Market Promotion Activities (EMPA): Organizes international fairs and conferences.

• • Market Development & Promotion Scheme (MDPS): Promotes jute products in domestic and international markets.
  • Capital Subsidy for Acquisition of Plants and Machinery (CSAPM): Provides financial assistance for acquiring jute manufacturing machinery.
    

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A Supreme Court(SC) judge recently supported granting bail to Delhi Chief Minister emphasising an accused’s right to remain silent during police questioning.

No Assumption of Guilt

• It has been pointed out that investigators cannot assume someone is guilty just because they choose not to speak.
• SC made it clear that an accused person cannot be forced to make statements that could be used against them.

About Right to Silence

• The right to silence allows an individual to refuse to answer questions from law enforcement or court officials
• Key aspects of the Right to Silence
  • Burden of Proof: The prosecution must prove the accused’s guilt beyond a reasonable doubt.
  • Presumption of Innocence: The accused is presumed innocent until proven guilty.
  • Protection Against Self-Incrimination: The accused cannot be forced to answer questions that might implicate them in a crime.
  • Exceptions
    • Investigations: In certain cases, the law may compel an accused to submit to investigations (e.g., DNA testing).

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Right to Silence: Constitution and Law

• India: Explicitly incorporated into Article 20(3) of the Constitution.
  • Article 20(3) of the Fundamental rights of Indian Constitution :  This article protects individuals from being forced to testify against themselves.
    • This protection applies not only in court but also during police questioning, even before a trial starts.
      • It applies only to people who are accused of a crime. 

• • • • It does not apply to a witness, as they are not being accused of an offence. 
    • Protection under Article 20(3) is not available to a person being questioned under the Customs Act, 1962, or the Foreign Exchange Management Act, 1999.
      • This is because the person is not considered an accused under these acts.
• Maneka Gandhi case (1978): Article 21 mandates a fair, just, and equitable procedure in criminal cases.
• Indian Criminal Procedure Code: Reinforces these protections.
  • Criminal Procedure Code Provisions
    • Section 161(2): During police interrogation, a person must answer truthfully but can refuse questions that could lead to criminal charges.
    • Section 313(3): At trial, the accused has the right to remain silent without punishment for not answering or giving false answers.
    • Section 315(1)(b): It prevents any comment on the accused’s refusal to give evidence by any party or the court.
      • It ensures the presumption of innocence.

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Recently, India’s External Affairs visited the replica of the East Gate of the Great Stupa of Sanchi at the Humboldt Forum museum in Berlin.

About The Great Stupa of Sanchi

• Historical Importance:
  • The Great Stupa of Sanchi is one of the oldest stone monuments in India.
  • It was built by Emperor Ashoka in the 3rd century BCE.
  • It contains sacred relics of the Buddha and is part of a group of Buddhist temples and stupas.
• Design:
  • The Stupa is shaped like a dome and has a parasol on top, which is called a chhatra.
  • It is a key symbol of ancient Buddhist art and architecture.

Gateways of the Great Stupa

• Construction: The Stupa has four beautifully carved gateways, called toranas.
  • These were built in the 1st century BCE during the Satavahana dynasty.

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• • Each torana consists of two square pillars that support three curved beams, with carvings all over.
• Carvings:
  • The gateways are decorated with carvings that show scenes from the Buddha’s life, Jataka Tales, and other Buddhist symbols.
  • They also have floral and plant designs, and some carvings depict love scenes.
  • Buddha is not shown in human form.

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The National Human Rights Commission has been functioning without a full-time chairperson since June and currently has only one member for five positions.

Background

• Chairperson Vacancy: The NHRC chairperson’s position has been vacant for three-and-a-half months.
• Current Staffing: The NHRC should have a chairperson and five full-time members. 
  • Currently, Vijayabharathi Sayani, the sole full-time member, has been fulfilling both her role and acting chairperson duties. 
  • She also meets the gender requirement for the panel.

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Implications of Vacancies in NHRC

• Delayed Investigations: With fewer members, the NHRC may struggle to handle the volume of complaints, leading to delays in investigating human rights violations.
• Reduced Oversight and Limited Overreach: Vacancies can limit the Commission’s ability to monitor and oversee human rights conditions effectively.
• Quality of Investigations: With fewer resources, the quality of investigations might suffer, potentially leading to less thorough and effective outcomes.
• Violation of Articles 14 and 21 of the Constitution:  Keeping the posts vacant despite availability of eligible candidates is arbitrary, unreasonable and in violation of Articles 14 and 21 of the Constitution.

International Concerns

• GANHRI Accreditation Deferral: The Geneva-based Global Alliance of National Human Rights Institutions (GANHRI) has deferred NHRC’s accreditation for the second consecutive year due to concerns about transparency and inadequate gender and minority representation.
  • Without the accreditation, NHRC will be unable to represent India at the UN Human Rights Council
    • GANHRI is a global network of 114 NHRCs which coordinates the relationship between NHRCs and the United Nations.
• Pending Accreditation: As a Paris Principles-compliant institution, the NHRC must have the necessary functionaries and infrastructure to operate effectively. Currently, these essential components are lacking, affecting its smooth functioning as well as its ‘A’ status accreditation.
  • The Paris Principles, which were adopted by the UN in 1992 and 1993, outlines six key criteria for National Human Rights Institutions (NHRIs): mandate and competence, autonomy from government, independence guaranteed by law, pluralism, adequate resources, and sufficient powers of investigation.
• Ministry of Home Affairs’ Delays: Amnesty International highlights that, nearly five months after deferred NHRC’s ‘A’ status, the Ministry of Home Affairs has still not completed the recruitment of NHRC members and has now also delayed appointing a new chairperson.
• Concerns of Lack of Will: Amnesty International India criticises the delay in recruitment as indicative of the NHRC’s and Indian government’s lack of political will to address human rights violations and uphold transparency and accountability.

Government Actions for filling up the NHRC Vacancies

• Parliament amended the Protection of Human Rights Act, 1993 and revised this eligibility criteria:  Until 2019, the NHRC chairperson’s role was exclusively for retired Chief Justices of India (CJIs). 
  • However, a 2019 amendment to the Protection of Human Rights Act, 1993, expanded eligibility to include any Supreme Court judge. 
  • According to a senior Commission official, the amendment aimed to address the government’s concern that CJIs were reluctant to join the NHRC post-retirement.

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Possible Call of Action 

• Expedited Recruitment Process: Implement a streamlined and transparent process to quickly fill vacant NHRC posts.
• Strengthen Infrastructure: Ensure that the NHRC has the necessary resources and infrastructure to function effectively in consonance with the Paris Principles.
• Address International Concerns: The U.S. State Department’s 2023 report highlights numerous human rights abuses in India, including extrajudicial killings, enforced disappearances, arbitrary arrests and detentions, internet shutdowns, and violence against ethnic and caste minorities. 
  • There is a need to act on feedback from international bodies to restore credibility 
• Call for Independence and Resources: There is a need for India to not only appoint a new NHRC chief but also to ensure the Commission’s independence and proper funding.

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The Delhi Declaration on Civil Aviation was unanimously adopted at the 2nd Asia Pacific Ministerial Conference in New Delhi.

About 2nd Asia Pacific Ministerial Conference

• Hosted by: The event is co-hosted by the International Civil Aviation Organization (ICAO) and the Ministry of Civil Aviation, Government of India.
• The first Ministerial Conference of the Asia Pacific region was organised in 2018 in Beijing, China.
• Highlights of the 2nd Asia Pacific Ministerial Conference: 
  • Airport Expansion: India’s Aviation Goals for 2047 is to have 350-400 airports by 2047.
  • India’s Position in Global Aviation Market:  India is now the third-largest domestic aviation market globally, positioning itself as a major hub for Maintenance, Repair, and Overhaul (MRO) services and cargo operations.
  • Adoption of Delhi Declaration on Civil Aviation: The Draft Asia Pacific Ministerial Declaration on Civil Aviation (Delhi Declaration) was presented and discussed, followed by its formal adoption after ministerial deliberations.

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About Delhi Declaration

• Aim: To enhance regional cooperation, addressing emerging challenges and fostering sustainable growth in the civil aviation sector in the Asia-Pacific region. 

Main Commitments under Delhi Declaration on Civil Aviation

• Regional Cooperation: Strengthening collaboration among Asia-Pacific countries to address common challenges and opportunities in civil aviation.
• Sustainability: Promoting sustainable aviation practices, including the use of sustainable aviation fuel (SAF). 
  • The goal is to blend at least 1% SAF with jet fuel by 2027, increasing to 2% by 2028.
• Inclusivity: Making the aviation sector more inclusive, with a focus on increasing the participation of women. 
  • In India, 15% of pilots are women, which is significantly higher than the global average of 5%.
• Technological and Infrastructural Advancements: Sharing technological and infrastructural advancements to improve the overall efficiency and safety of the aviation sector.
• Cultural Connectivity: Initiatives like creating an ‘International Buddhist Circuit’ to connect holy places related to Lord Buddha across Asia, benefiting the civil aviation sector, travellers, and regional economies.

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Concerns have been raised about the Prime Minister’s visit to the Chief Justice’s residence for Ganapati puja.

More About the News

• The criticism is based on a 16-point document on judicial values adopted in a Full Court Meeting of the Supreme Court on May 7, 1997.

Ethical Issues Associated with the visit of PM to CJI’s Residence

• Conflict of Interest: Such personal interactions may create a perceived or actual conflict of interest, compromising the judge’s ability to remain impartial, especially in cases involving the government.
• Undermining the Constitution’s Secular Framework: Public participation in a religious event by constitutional authorities violates the secular principles enshrined in the Constitution, potentially leading to concerns of religious favoritism
• Appearance of Impropriety: Even if no impropriety occurs, the appearance of impropriety can erode public trust. Judges are ethically obliged to avoid situations that might lead a reasonable person to question their integrity.
• Judicial Impartiality: Maintaining impartiality is crucial. Socializing with the head of the executive branch can cast doubt on a judge’s neutrality, violating ethical standards of unbiased adjudication.
• Separation of Powers: Ethically, judges must uphold the constitutional principle of separation of powers. Personal engagements with the executive may blur the distinct boundaries between the judiciary and the executive.
• Public Confidence: Judges have an ethical duty to preserve public confidence in the judiciary’s independence and integrity. Such visits may diminish public perception of judicial independence.
• Adherence to Ethical Codes: The Restatement of Values of Judicial Life advises judges to maintain a degree of aloofness consistent with their office’s dignity, avoiding actions that could diminish the judiciary’s esteem.
• Potential for Bias: Ethical standards require judges to avoid situations that could lead to conscious or unconscious bias, ensuring fair and just legal proceedings.

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Constitutional Provision and Judicial Precedents Ensuring Separation of Power

The separation of powers is an organisational structure in which responsibilities, authorities, and powers are divided between groups (branches of government) rather than being centrally held. 

• Article 50 (Directive Principles of State Policy): This article explicitly mandates the separation of the judiciary from the executive, promoting judicial independence in matters of public administration.
• Article 13 (Judicial Review): It empowers the judiciary to review the actions of the executive and legislative branches to ensure that they comply with the Constitution. It establishes the judiciary’s role as a watchdog over constitutional violations.
• Doctrine of Judicial Review: The judiciary has the power to strike down laws and executive actions that are inconsistent with the Constitution. This doctrine ensures that the judiciary acts as a check on the other branches.
• Basic Structure Doctrine (Kesavananda Bharati Case, 1973): The Supreme Court ruled that the separation of powers is part of the basic structure of the Constitution, meaning it cannot be altered by amendments.
• Judges’ Appointment: The judiciary is involved in its own appointments through the collegium system, ensuring that executive influence is minimised in the selection of judges.
• Code of Conduct for Judges (Restatement of Judicial Values): This document outlines ethical principles, including the need for judicial aloofness from the executive, ensuring that the judiciary remains independent in perception and practice

Values of Judicial Life

• Impartiality and Perception: Judges must act in ways that maintain public faith in judicial impartiality, avoiding any behavior that erodes credibility.
• Avoidance of Elections: Judges should not contest or hold elective office in clubs or societies, except those related to law.
• Limited Bar Association: Judges must avoid close personal associations with lawyers practicing in their courts.
• Family Recusal: Judges must not allow close family members who are lawyers to appear before them or be involved in their cases.
• No Use of Judicial Residence for Professional Work: Judges must not allow family members to use their residence for professional legal work.
• Maintain Dignified Aloofness: Judges should practice an appropriate level of distance consistent with the dignity of their office.
• Recusal from Family and Friends’ Cases: Judges must not hear cases involving close family, friends, or close relations.
• No Public Political Involvement: Judges must not publicly express views on political matters or cases that are pending or likely to arise.
• Speak Through Judgments: Judges should avoid media interviews, letting their judgments speak for themselves.
• No Acceptance of Gifts or Hospitality: Judges should not accept gifts or hospitality, except from close family and friends.
• Conflict of Interest Disclosure: Judges must disclose any financial interest in cases and recuse themselves if necessary.
• No Speculation in Shares: Judges should avoid speculative financial activities, like trading stocks or shares.
• Prohibition on Business: Judges must not engage in trade or business, except for writing or hobby-related activities.
• No Fundraising: Judges must not solicit funds or associate with any fundraising activities.
• Clarification of Financial Benefits: Judges should not seek financial benefits beyond those clearly available to their office.
• Public Scrutiny Awareness: Judges must always be mindful of their public image and avoid actions that diminish the esteem of their office.

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The Government has decided to rename the capital of Andaman & Nicobar Islands Port Blair as “Sri Vijaya Puram”.

Reasons to rename Port Blair to Sri Vijaya Puram 

• Colonial Legacy: Port Blair was named after Archibald Blair, a British naval officer, reflecting its colonial past. The renaming is part of a larger effort to “free the nation from colonial imprints”​.
• Symbolism of Victory: The new name celebrates the victory of India’s freedom struggle. It honors the role played by the Andaman and Nicobar Islands in the freedom struggle and acknowledges its unique role in that achievement.
• Acknowledging Historical Significance: The name also commemorates the islands’ unique role as a site of imprisonment for many freedom fighters, including Veer Savarkar, in the notorious Cellular Jail, also known as Kaala Paani.

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How did Port Blair get its name?

• Archibald Blair’s Appointment: In 1771, Archibald Blair, a naval surveyor and lieutenant in the Bombay Marine, began his service, participating in several survey missions across India, Iran, and Arabia.
• First Survey of the Andamans: In December 1778, Blair, aboard two ships, led an expedition from Calcutta to the Andaman Islands. By April 1779, Blair had surveyed the island’s western and eastern coasts, discovering a natural harbor.
• Naming of Port Cornwallis: Initially, Blair named the harbor Port Cornwallis after Commodore William Cornwallis, Commander-in-Chief of the British Indian Army.
• Renaming to Port Blair: Later, the harbor was renamed after Archibald Blair in recognition of his survey efforts.
• East India Company’s Colonization: The East India Company decided to colonize the islands for strategic reasons, including controlling Malay pirate activities and providing refuge for shipwrecked sailors. 
  • The island also became a penal colony with convicts sent to work as unpaid labor.
• Penal Colony’s Relocation and Challenges: In 1792, the colony shifted to a new location in the northeast part of the island, but diseases and deaths forced its closure by 1796.
• Post-1857 Resettlement: After the 1857 Revolt, the British repurposed Port Blair as a penal colony, with life imprisonment sentences for many prisoners. 
  • The infamous Cellular Jail (Kaala Paani) was constructed by 1906, housing several freedom fighters, including Veer Savarkar.

Historical Connection between Port Blair and the Imperial Cholas

• Chola Naval Strategy:
  • Strategic Naval Base: The Andaman Islands were used as a strategic naval base by Rajendra Chola I in the 11th century during his expansionist campaigns.
  • Naval Base for Srivijaya Invasion: According to records, these islands provided the Cholas with a base to launch a successful attack on the Srivijaya Empire (present-day Indonesia​.)
• Chola Invasion of Srivijaya:
  • Naval Dominance in Southeast Asia: The attack on Srivijaya, a powerful Buddhist maritime empire, was a significant event in Indian history, marking the Cholas’ naval dominance and expansion into Southeast Asia.
  • Capture of Srivijaya King: Rajendra I’s campaign led to the capture of King Sangrama Vijayottunggavarman and the looting of treasures, including the valuable Vidhyadara Torana​.
• Relation with Srivijaya:
  • Cultural Influence: Prior to this invasion, relations between India and Southeast Asia were largely peaceful, shaped by centuries of cultural exchange. The Chola invasion marked a shift towards military intervention.
  • Strategic Importance of Andaman: The Cholas referred to the Andaman Islands as “Ma-Nakkavaram land,” and these islands were pivotal in controlling sea routes, essential for trade and military expeditions​.
  • Nicobar Islands and Chola Naming: The name “Nicobar” itself may have evolved from the Chola designation “Ma-Nakkavaram,” emphasizing the deep historical connection between these islands and Chola naval exploits​.

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The Expansion plan for the Antarctic krill fishing without strict guardrails poses a significant threat to the survival of Baleen Whales with its fragile comeback risking to be halted or even reversed.

• Along the Antarctic Peninsula, the fishing industry has proposed increasing the catch limit fourfold, from 155,000 tons to 668,101 tons annually.

About Baleen Whales

• Also known as Whalebone Whales, they are marine mammals of the parvorder Mysticeti Family which use baleen plates (or “whalebone”) instead of teeths to hunt.
  • Baleen whales evolved from toothed whale ancestors.
• Family: There are 14 species of baleen whale  grouped into four families. The number, size and colour of the baleen plates are unique for each whale species.
  • Balaenidae (right and bowhead whales)
  • Balaenopteridae (rorquals)
  • Eschrichtiidae (the gray whale)
  • Cetotheriidae (the pygmy right whale)
• Size: Baleen whales range in size from the 6 m (20 ft) and 3,000 kg (6,600 lb) pygmy right whale to the 31 m (102 ft) and 190 t (210 short tons) blue whale (the largest known animal to have ever existed)
• Baleen Plates: The whales have baleen made of the protein Keratin instead of teeth using which they  filter, sift, sieve or trap the whales’ favourite prey ie. shrimp-like krill, plankton and small fish from the sea inside their mouths
• Filter Feeders: Most baleen whales use a strategy called Lunge Feeding or Skim-Feeding ie.  targeting large, dense swarms of krills by opening their mouth wide enough to take as many krills before closing  their jaws. 
  • They then force the seawater out through the bristly baleen plates in their mouths filtering the krill from the water.
  • Whales on an average feed for roughly 100 days out of each year with  an adult whale consuming one to six tons of krill in a day.

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• Migratory Species: Most species of baleen whale migrate long distances from high latitude waters (Arctic and Antarctic) during spring and summer months to more tropical waters during winter months. 
  • Example: The Gray Whale has the longest recorded migration of any mammal, with one traveling 23,000 kilometers (14,000 mi) from the Sea of Okhotsk to the Baja Peninsula
• Threats: 
  • Conflict with the Fishing Industry: The whales are competing with fishing boats for  their sole food supply  with  direct overlapping between foraging whales and active fishing operations being common.
  • Industrial Fishing for Antarctic krill:  These are tiny approx 6 cm long swimming crustaceans and the primary food source of the Baleen Whales
    • Antarctic Krills are being hunted for mainly use in 2 industries ie. fish meal for aquaculture, and omega-3 dietary supplements.
  • Entanglement: Whales can get caught in fishing gear, such as ropes, lines, nets, and aquaculture equipment.
    • Example: From 2021 through 2023, four humpback whales died after becoming entangled in krill fishing nets.
  • Commercial whaling: Though commercial whaling has been significantly reduced, it has had a lasting impact on baleen whale populations
    • Example: In the 20th century, whalers killed roughly 2 million large whales in the Southern Ocean.
  • Noise: Anthropogenic noise sources from ships and oil and gas development can disrupt whale communication and hearing, making it harder for them to feed, breed, and migrate.
• Protection: 
  • International  Whaling Commission (IWC): The IWC has a moratorium on commercial whaling, and the Convention on International Trade of Endangered Species (CITES) prohibits the commercial trade of certain species. 
  • The Commission for the Conservation of Antarctic Marine Living Resources: The organisation is required to ensure that whales and other krill-dependent populations are not harmed due to fishing in the Southern Ocean.
  • World Wildlife Fund (WWF): The WWF’s Protecting Whales and Dolphins Initiative works to protect whale habitats, document critical areas, and establish sanctuaries. 

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For the second time in about a decade, India’s highest court has used the expression “caged parrot” in reference to the country’s premier crime investigation agency.

More About the News

• Bail Granted to Delhi CM: Justice Ujjal Bhuyan made the comment while granting bail to Arvind Kejriwal in the CBI case regarding the alleged Delhi liquor policy scam.
• Fair Investigations: The SC emphasized that the CBI, as India’s premier investigative agency, must ensure its investigations are not only fair but also perceived as fair by the public.
  • They linked CBI to Caesar’s wife, stating that an investigative agency must remain “above board” and beyond suspicion.
• Perception of Bias: The Supreme Court stressed the importance of eliminating any perception of bias or unfairness, especially in high-profile cases.
• Reference to CBI’s Autonomy: Justice Bhuyan referred to a 2013 remark by Justice R M Lodha, where the CBI was described as a “caged parrot,” criticizing its lack of independence.
• Context of the Remark: Justice Lodha made this comment during the hearing of the “Coalgate” case, involving alleged irregularities in coal block license allocations.

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About the Coalgate Scam

The Coal Block Allocation Scam, also known as Coalgate, involved alleged irregularities in the allocation of coal blocks by the UPA government from 2004 to 2009, without following a process of competitive bidding.

• CAG Report (2012): The Comptroller and Auditor General (CAG) of India highlighted these irregularities in its report, initially estimating a presumptive loss to the exchequer of ₹10.7 lakh crore, which was later revised to ₹1.86 lakh crore.
• Supreme Court’s Observation: The SC criticized the CBI after it was revealed that the agency’s draft status report on the Coalgate case was shared with the Law Minister and political executives. Changes were allegedly made to the report before its submission.
• “Caged Parrot” Remark: Justice R M Lodha, in 2013, referred to the CBI as a “caged parrot” during the hearings, criticizing the agency for functioning under the influence of the political executive, instead of acting independently. 
  • The metaphor was used to indicate that the CBI was speaking in its master’s voice, undermining its autonomy.
• Impact on CBI’s Image: The CBI’s credibility was questioned due to this controversy, further highlighting concerns about political interference in investigations.

About Central Bureau of Investigation

• Origin of CBI: The Central Bureau of Investigation (CBI) originated from the Delhi Special Police Establishment (DSPE).
  • The DSPE was established in 1941 by the Government of India.
• Initial Purpose: Its initial aim was to investigate cases of bribery and corruption related to transactions in the War and Supply Department during World War II.
• Headquarters: The DSPE had its headquarters in Lahore during its early years.
• Post-War Need: After World War II, there was a continued need for a centralized agency to investigate corruption and bribery involving central government employees.
• Transformation to CBI: The Delhi Special Police Establishment was renamed the Central Bureau of Investigation (CBI) in 1963.
  • This change was formalized through a Home Ministry resolution.
• Not Statutory Body: The CBI is neither a statutory body nor a constitutional body. It derives its power to investigate from the Delhi Special Police Establishment Act, 1946.

Types of Cases Handled by CBI

• Corruption Investigations: The CBI is responsible for investigating cases under the Prevention of Corruption Act involving public officials and employees of Central Government, PSUs, and Government-controlled bodies.
• Economic Offenses: It handles major financial scams and serious economic frauds, including cases related to counterfeit currency, bank frauds, cybercrimes, and violations in foreign exchange and smuggling of narcotics and contraband items.
• Serious and Organized Crimes: The agency investigates serious crimes under the Indian Penal Code (IPC), often on the requests of State Governments, or via orders from the Supreme Court and High Courts, including terrorism, bomb blasts, and organized crime.
• Suo Moto Cases: The CBI can initiate investigations independently, but only within Union Territories.
• State Government Consent: The Central Government can authorize the CBI to investigate crimes within a State only with the State Government’s consent.
• Judicial Orders: The Supreme Court and High Courts can order the CBI to investigate any crime across the country, without needing State consent.

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Recent Cases of CBI acting as a Caged Parrot

• 2G Spectrum Allocation Case: The CBI was accused of delaying the investigation into the alleged scam involving the allocation of 2G spectrum licenses during the UPA regime. The case implicated several political leaders, and there were allegations of political interference in the investigation process.
• Vyapam Scam (Madhya Pradesh): The investigation into the Vyapam recruitment scam was initially seen as botched, with multiple mysterious deaths of witnesses and accused persons. The Supreme Court handed over the investigation to the CBI, but the agency’s probe was questioned for slow progress and perceived lack of independence.
• INX Media Case Issue: The arrest and investigation of former Finance Minister P. Chidambaram in the INX Media case were seen by some as politically motivated. Opposition parties claimed the CBI was being used to target political rivals of the ruling party.
• Saradha Chit Fund Scam: The investigation into the Saradha Chit Fund Scam involved high-profile political leaders, and the CBI was accused of deliberately delaying action against politicians. There were accusations of the agency being pressured by political interests.
• CBI Director Conflict: A public feud between two top CBI officers—Director Alok Verma and Special Director Rakesh Asthana—led to accusations of political interference and internal corruption within the agency.

Reasons behind CBI acting as Caged Parrot

• Administrative Control: The CBI operates under the Department of Personnel and Training (DoPT), which falls under the Prime Minister’s Office (PMO). This direct administrative link makes it susceptible to political interference in its functioning, particularly in high-profile cases involving government officials.
• Appointment of Key Officials: The appointment of the CBI Director involves a selection committee led by the Prime Minister, the Leader of Opposition (LS) and the Chief Justice of India (CJI). However,  the government’s influence remains dominant. 
  • There are concerns that post-retirement benefits for senior officials further compromise their independence, making them prone to government’s influence.
• Prior Approval for Probes: The CBI needs prior approval from the Central Government before investigating senior officials (Joint Secretary level and above). This requirement, especially in corruption cases, restricts its ability to probe freely and can serve as a significant hurdle in cases involving high-ranking officials.
• State Consent: The CBI requires state government consent to investigate crimes within that state. Several states, such as West Bengal and Punjab, have revoked general consent, accusing the CBI of being politically misused by the central government. This limits the agency’s jurisdiction and affects its efficiency.
• Non-Statutory Status: The CBI lacks a statutory backing, as it derives its powers from the Delhi Special Police Establishment Act (1946). This makes the agency more dependent on executive decisions and susceptible to political influence, unlike agencies with clearer legislative frameworks.
• Public Perception and Credibility: Several high-profile cases, such as the Bofors and Hawala scandals, have further dented the CBI’s credibility, with delays and accusations of manipulation to serve political interests. This has led to the perception that the CBI functions more as a political tool than an independent investigative agency.
• Acute shortage of personnel: A major cause of the shortfall is the government’s sheer mismanagement of CBI’s workforce, through a system of inefficient, and inexplicably biased, recruitment policies – used to bring in favored officers, possibly to the detriment of the organization.

Supreme Court Judgments on CBI Autonomy and Functioning

• Vineet Narain vs. Union of India (1997): The judgment established various safeguards for CBI autonomy such as appointment of CBI Director by a high-powered committee and the fixed tenure of two years for the CBI director
• Subramanian Swamy vs. Director, CBI (2014):
  • It struck down Section 6A of the Delhi Special Police Establishment Act, which required prior government approval to investigate senior officials.
  • The judgment ruled that this provision violated Article 14 (Equality before Law) of the Constitution, enhancing CBI’s independence.
• Common Cause vs. Union of India (2018):
  • The judgment upheld the validity of Section 4A of the DSPE Act, which requires a selection committee (PM, Leader of Opposition, CJI) for the appointment/removal of the CBI Director.
  • It directed transfers or changes in duties of the CBI Director must have the committee’s consent.

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Recommendations for ensuring independence of CBI

• Separation of Administrative Control: For the CBI to remain independent, it must be freed from the government’s control over appointments and transfers. As long as the government retains this power, the CBI’s ability to conduct free and fair investigations will be compromised.
• Statutory Status: There is an urgent need to provide CBI, a statutory status through legislations in order to provide it independence akin to Comptroller & Auditor General and the Election Commission.
• Structural Reform and Dedicated Cadre Development: The CBI should be split into two units: an Anti-Corruption Body and a National Crime Bureau, ensuring specialization in both fields. 
  • Furthermore, the agency should focus on building its own dedicated cadre of officers, reducing dependence on external services and improving professionalism.
• Recommendations of 24th report of the Parliamentary Standing Committee on CBI: The following recommendations could strengthen CBI and ensure its independence. 
  • Strengthen manpower within the CBI to improve operational capacity.
  • Enhance infrastructure and invest in better facilities.
  • Increase financial resources and administrative autonomy while ensuring accountability.
  • Grant more investigative powers across matters listed in the Union, State, and Concurrent Lists of the Constitution’s 7th Schedule.
  • Propose a new law under the Central Bureau of Intelligence and Investigation Act to replace the outdated DSPE Act.
• Other Recommendations: Earlier recommendations, such as the L P Singh Committee (1978) and the Second Administrative Reforms Commission (2007), similarly emphasized the need for a comprehensive central legislation to empower the CBI with a self-sufficient statutory framework.

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