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Central Bureau of Investigation – What is ...

Central Bureau of Investigation – What is It? Its History, Role, and Issues with Its Functioning

PWOnlyIAS November 20, 2023 04:00 2437 0

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Central Bureau of Investigation – What is It? Its History, Role, and Issues with Its Functioning

What is the Central Bureau of Investigation (CBI)?

  • Background: The Central Bureau of Investigation (CBI), functioning under the Department of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India, is the premier investigating police agency in India. 
  • Role Played: It is an elite force playing a major role in the preservation of values in public life and in ensuring the health of the national economy. 
  • International Collaboration: It is also the nodal police agency in India, which coordinates investigations on behalf of Interpol Member countries.

Brief History of Central Bureau of Investigation

  • Origin: The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. 
  • Delhi Special Police Establishment Act, 1946: The act transferred the superintendence of the SPE to the Home Department and its functions were enlarged to cover all departments of the Government of India. 
    • Territorial Jurisdiction: The jurisdiction of the SPE extended to all the Union Territories and could be extended to the States with the consent of the State Government concerned.
  • Renaming to the Central Bureau of Investigation: Through a Home Ministry resolution dated 1.4.1963. 
  • Jurisdiction: Initially, the offences that were notified by the Central Government related only to corruption by Central Govt. servants.
    • Expanded Scope Over Time: With the setting up of a large number of public sector undertakings, the employees of these undertakings were also brought under CBI purview. 
    • Coverage of Bank Frauds: With the nationalization of the banks in 1969, the Public Sector Banks and their employees also came within the ambit of the Central Bureau of Investigation.
  • Parent Ministry: Ministry of Personnel, Public Grievances and Pensions. 

Emergence as India’s premier Investigative Agency

  • Multi-Dimensional Coverage: From 1965 onwards, the Central Bureau of Investigation has also been entrusted with the investigation of Economic Offences and important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.
  • Wings in CBI: The SPE initially had two Wings:
    • General Offences Wing (GOW)
    • Economic Offences Wing (EOW). 
  • GOW Wing: The GOW dealt with cases of bribery and corruption involving the employees of Central Government and Public Sector Undertakings. 
  • EOW Wing: The EOW dealt with cases of violation of various economic/fiscal laws. Under this setup, the GOW had at least one Branch in each State and the EOW in the four metropolitan cities, which are Delhi, Madras, Bombay, and Calcutta. 
  • Regional Branches: These EOW Branches dealt with offences reported from the Regions, which means each Branch had jurisdiction over several States.

Widening Role of Central Bureau of Investigation

  • Competence Over the Years: The Central Bureau of Investigation, over the years, has established a reputation for impartiality and competence, thereby investigating more cases of conventional crime such as murder, kidnapping, terrorist crime, etc. 
  • Federal Court and CBI: Supreme court and the various High Courts of the country entrusted cases for investigation to the CBI on petitions filed by aggrieved parties. 
  • High Profile Cases: CBI has experience in handling high-profile conventional crimes, economic offences, banking frauds, and crimes with international linkages. 
  • International Collaboration: The Central Bureau of Investigation is designated as the National Central Bureau of India for ICPO-INTERPOL.
  • Suo-Moto Cases: CBI can suo-moto take up investigation of offences only in the Union Territories.
  • State Consent Required: The Central Government can authorize the Central Bureau of Investigation to investigate a crime in a State but only with the consent of the concerned State Government.
    • Role of Courts: The Supreme Court and High Courts, however, can order the CBI to investigate a crime anywhere in the country without the consent of the State.
What is Interpol

  • The International Criminal Police Organisation (Interpol) was set up in 1923, as a secure information-sharing platform that facilitates criminal investigation of police forces across the globe through the collection and dissemination of information received from various police forces.
  • The Central Bureau of Investigation is designated as the National Central Bureau of India for INTERPOL.

How is the Director of the Central Bureau of Investigation Appointed?

  • Before 2014: Until 2014, the Central Bureau of Investigation Director was appointed under the provisions of the DSPE Act, 1946.
  • Post-2014: 
    • Members of Appointment Committee: The Lokpal Act 2013 provided a committee for the appointment of the CBI Director consisting of the Prime Minister of India (Head of the committee), the Leader of the Opposition or  the Leader of the single largest opposition party and the Chief Justice of India/ a Supreme Court Judge.
    • Role of Home Ministry: The Home Ministry sends a list of eligible candidates to the Department of Personnel & Training (DoPT)
    • Role of DoPT:  the DoPT prepares the final list on the basis of seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the Prime Minister headed committee.
    • Security of Tenure: The director of the Central Bureau of Investigation has been provided security of two-year tenure, by the CVC Act, 2003.

Issues with the Functioning of the Central Bureau of Investigation

  • Political Interference: There have been claims of political interference in the working of the Central Bureau of Investigation, particularly in high-profile cases and the abrupt transfers of CBI officials bring up issues about political bias.
  • Lack of Independence and Autonomy: The organization has raised reactions with respect to its absence of independence. 
  • Targeting Political Oppositions: Allegations of Central Government using Enforcement Agencies to cover up corruption cases, forcefully keep coalition ties in line, and use them to target political opponents. 
  • Credibility and Transparency: There have been instances where the CBI’s credibility has been an issue of dispute due to allegations of corruption and maladministration within the agency, and attempts at manipulation of evidence.
  • Delays in Investigations: Lengthy delays in timely completion of proceedings and prosecutions lead to miscarriage of justice.
  • Low Conviction Rate: According to the Union Minister of State for Personnel, CBI’s conviction rate was at 68 per cent in 2018, 69.19 per cent in 2019, 69.83 per cent in 2020, 67.56 per cent in 2021, and 74.59 per cent in 2022.
  • Exemption from RTI: The Central Bureau of Investigation is exempted from the provisions of the Right to Information Act along with the  National Investigating Agency (NIA), the Directorate General of Income Tax Investigation, and the National Intelligence Grid (Natgrid)) on the basis of national security.
  • Hawala Scam Cases: In the late 1990s, the Supreme Court directed the Central Bureau of Investigation to investigate and prosecute individuals involved in the illegal Hawala money transfer scam.
  • 2G Spectrum Case: The Supreme Court directed the CBI to probe the alleged irregularities in the allocation of 2G spectrum licenses.
  • Coal Allocation Scam: The Supreme Court-monitored the CBI investigation that aimed at finding the irregularities and corruption in the allocation of coal blocks. leading to the cancellation of numerous coal block allocations 
  • Alok Verma vs. Union of India (2018): The case involved the former CBI Director Alok Verma, who was sent on leave by the government. The Supreme Court intervened and reinstated him, emphasizing the importance of the CBI’s autonomy and the need for due process in removing its director.

What needs to be done?

  • Ensure Functional Autonomy: There is a need to delink the Central Bureau of Investigation from the administrative control of the government – 
  • Provide Statutory Backing: Ensuring statutory status by means of adequate legislation will maintain the independence of CBI.
  • Parliamentary Reports: Department Related Parliamentary Standing Committee (DRSC)  recommended the following
    • Improving human resources by providing a regular cadre of CBI officers,
    • Increasing investments in infrastructural upgradations,
    • Increasing financial resources and funding so that institutions can function freely without government intervention. 

 

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Frequently Asked Questions

The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. However Central Bureau of Investigation (CBI) was established through a Home Ministry resolution dated 1.4.1963.

The Central Bureau of Investigation is not a statutory body, although it derives its powers from the Delhi Special Police Establishment (DSPE) Act of 1946.

The Lokpal Act 2013 provided a committee for the appointment of the Central Bureau of Investigation Director consisting of - Prime Minister of India (Head of the committee), - Leader of the Opposition - The Chief Justice of India/ a Supreme Court Judge.

The Central Bureau of Investigation is designated as the National Central Bureau of India for ICPO-INTERPOL.

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