Issues with Central Bureau of Investigation (CBI)
Why in news?
Recently, on the occasion of diamond jubilee celebrations of the CBI, the Prime Minister said the country’s premier investigative agency should not spare any corrupt person.
About Central Bureau of Investigation (CBI)?
- Establishment -Was set up in 1963 by a resolution of the Ministry of Home Affairs but now it works under Ministry of Personnel, Pension and Public Grievances.
Santhanam Committee -CBI was recommended by the Santhanam Committee on Prevention of Corruption.
- Motto -Industry, Impartiality and.
- Powers – It derives its power to investigate from the Delhi Special Police Establishment Act,
- Composition -CBI is headed by a Director and assisted by a special director or an additional director.
- Search committee –CBI Director is appointed by search committee headed by the Prime Minister and comprising Leader of Opposition and the Chief Justice of India (CJI) or his.
- Investigation – CBI can conduct investigation in a state only with the consent of the concerned state There are 2 kinds of consent of States – Case-specific consent and General consent.
- However, the Supreme Court and High Courts can order CBI to investigate such a crime anywhere in the country without the consent of the.
- Functions -CBI is the main investigating agency of the Central Government. Plays an important role in the prevention of corruption and maintaining integrity in administration. Investigates crime of corruption, economic offences and serious and organized crime other than.
- Provides assistance to the Central Vigilance Commission and.
- Nodal police agency in India, which coordinates investigation on behalf of Interpol Member countries.
Issues with CBI:
- Political Interference: The Supreme Court of India has criticized the CBI by calling it a “caged parrot speaking in its master’s voice”, due to excessive political interference in its functioning.
- Delayed Investigations: It has been accused of enormous delays in concluding investigations – For example, the inertia in its probe against the high dignitaries in Jain hawala diaries case [of the 1990s].
- Loss of Credibility: Mismanagement of several cases involving prominent politicians and mishandling of several sensitive cases like Bofors scandal, Hawala scandal, Sant Singh Chatwal case, Bhopal gas tragedy, 2008 Noida double murder case (Aarushi Talwar).
- Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public.
- Acute shortage of personnel: A system of inefficient, and biased, recruitment policies – used to bring in favored officers, to the detriment of the.
- Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State , thus limiting the extent of investigation by CBI.
- Restricted Access: Prior approval of Central Government to conduct inquiry or investigation on the employees of the Central Government, of the level of Joint Secretary and above is a big obstacle in combating corruption at higher levels of.
- CBI’s conviction of cases rate has come down while its pendency in courts has risen.
- Lack of support from state government – 9 states have withdrawn general consent to the CBI.
Lack of social legitimacy and public trust
- The advent of Lokpal diluted the powers of CBI.
- Structural constraints – To prosecute any MLA or state minister, the CBI needs sanction from the Speaker of the state Assembly or the Governor In the case of an MP, sanction is sought from the Speaker of Lok Sabha or Vice Chairman of Rajya Sabha.
- Delink the CBI from the administrative control of the government.
Providing statutory status to CBI
- 24th report of Department related parliamentary standing committee on personnel, public grievances, law and justice on working of CBI recommended the following:
- Strengthening human resources by increasing strength of CBI,
- Better investments in infrastructural facilities,
- Increased financial resource and administrative empowerment with accountability,
- Give more Powers to the CBI.
- In 1978, the L P Singh Committee recommended enactment of a “comprehensive central legislation”.
- The Second Administrative Reforms Commission (2007) also suggested that “a new law should be enacted to govern the working of the CBI”.