Central Bureau of Investigation (CBI): Mission, Composition & Tenure

March 22, 2024 993 0

Introduction

The Central Bureau of Investigation (CBI) is India’s premier investigative agency, established to investigate and combat serious crimes, including corruption, economic offenses, and high-profile cases of national importance. It operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions, and it functions as an autonomous body with its officers having significant powers of investigation, search, and arrest. The Central Bureau of Investigation (CBI) plays a crucial role in maintaining the rule of law and upholding justice in the country.

About
  • Recommended by Santhanam Committee (on corruption).
  • Premier investigating agency of the Central Government.
  • It traces its origin to the Special Police Establishment which was set up in 1941 by the Government of India.
  • Established in 1963 by resolution of the Ministry of Home Affairs, Government of India; derives powers from the Delhi Special Police Establishment Act, 1946.
  • Non-statutory body.
  • Under the Ministry of Personnel, it now enjoys the status of an attached office.
Motto Industry, Impartiality and Integrity
Mission To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to Police Forces and to act as the Nodal Agency for enhancing interstate and international cooperation in law enforcement.
Composition
  • Headed by the Director. He/she is assisted by a special director(s) and additional director(s).
  • Additionally: the number of joint directors + deputy inspector generals + superintendents of police + all other usual ranks of police personnel as well as forensic scientists and law officers.
  • The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and introduced the following changes to the composition of the Central Bureau of Investigation (CBI):
    • There shall be a Directorate of Prosecution headed by a Director to conduct cases under the Lokpal and Lokayuktas Act, 2013. 
    • The Director of Prosecution will operate under the overall supervision of the Director of Central Bureau of Investigation (CBI). 
      • He/She shall be appointed by the Central Government based on the recommendation of the Central Vigilance Commission.
    • The Central Government will appoint officers of the rank of SP and above in the Central Bureau of Investigation (CBI) based on the recommendation of a committee. 
    • This committee will be chaired by the Central Vigilance Commissioner, and its members will include the Vigilance Commissioners, the Secretary of the Home Ministry, and the Secretary of the Department of Personnel.
Tenure The Delhi Special Police Establishment (Amendment) Act, 2021 introduces changes to the tenure of the Director of the Central Bureau of Investigation (CBI). 

While the Central Bureau of Investigation (CBI) Director initially had a fixed two-year term under the CVC Act, 2003, the amendment now permits the central government to extend the tenure to up to five years. 

  • The extension can occur annually, with a maximum of three such extensions, and no further extension is possible after completing a total of five years, including the initial two-year period.
  • Any extension is subject to public interest, the recommendation of the Committee related to the initial appointment, and must be accompanied by recorded reasons in writing.
Appointment of Director
  • 3-member Committee: PM (Chairperson) + Leader of Opposition (LS) + CJI or Judge of SC (nominated by him).
  • In case of no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.
CBI will Focus On
  • Crime of corruption, economic offences, serious and organized crime and Not terrorism.
  • The Central Bureau of Investigation (CBI) serves as the “National Central Bureau” of Interpol in India. 
  • Combating Corruption: in public life, curbing economic and violent crimes through meticulous investigation and prosecution.
  • Investigation and Prosecution: Evolve effective systems and procedures for successful investigation and prosecution of cases in various law courts.
  • Cyber Crime: Help fight cyber and high technology crime.
  • Cultivating a Supportive Work Environment: Create a healthy work environment that encourages team-building, free communication and mutual trust
  • Support State Police: Organizations and law enforcement agencies in national and international cooperation particularly relating to enquiries and investigation of cases.
  • War against Transnational Crime: Play a lead role in the war against national and transnational organized crime.
  • Investigating cases relating to infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, income tax, foreign exchange regulations and so on.
  • Taking up, on the request of a state government, any case of public importance for investigation.
  • Maintaining crime statistics and disseminating criminal information.
  • Other Areas
    • Uphold Human Rights, protect the environment, arts, antiques and heritage of our civilization.
    • Develop a scientific temper, humanism and the spirit of inquiry and reform.
    • Strive for excellence and professionalism in all spheres of functioning so that the organization rises to high levels of endeavor and achievement
    • Assist CVC, Lokpal and Lokayukta.
General Consent
  • The jurisdiction of the Central Bureau of Investigation (CBI) can be extended to the States only with the consent of the State Government concerned.
  • When a state gives general consent (DSPE Act) to the Central Bureau of Investigation (CBI) for probing a case, the agency is not required to seek fresh permission every time it enters that state in connection with an investigation or for every case.

Difference between Central Bureau of Investigation (CBI) and State Police

  • A division of the Central Bureau of Investigation (CBI), The Special Police Establishment (SPE), serves a complementary role to that of state police forces. 
  • It shares concurrent powers with state police forces for investigation and prosecution under the Delhi Police Establishment Act, of 1946.
  • To avoid overlapping functions the following administrative arrangements have been made:
    • SPE:  handling cases primarily related to the affairs or employees of the Central Government (even if they also entail the involvement of certain state government employees)
      • Initiate cases against employees of public enterprises or statutory bodies established and funded by the Central Government.
    • State Police Forces: These are responsible for addressing cases primarily related to the affairs or employees of the state government (even if they also involve certain employees of the Central Government)
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Conclusion

  • The Central Bureau of Investigation (CBI) stands as a cornerstone of India’s law enforcement apparatus, entrusted with investigating and addressing a wide spectrum of serious crimes. 
  • Its autonomy and authority empower it to tackle corruption, economic offenses, and cases of national significance. 
  • Through its diligent efforts, the CBI contributes to upholding the rule of law, ensuring accountability, and fostering public trust in the justice system.
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