What is CBI (Central Bureau of Investigation)

  • India’s top investigative police force is the Central Bureau of Investigation (CBI).
  • The Department of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India, which is a division of the prime minister’s office, is in charge of overseeing its operations.
  •  
  • However, the Central Vigilance Commission is in charge of overseeing investigations into offenses under the Prevention of Corruption Act.
  • Additionally, it is the nodal police organization in India that organizes inquiries on behalf of Interpol Member nations.
  • It is similar to the best investigation organizations in the world in terms of conviction rates, which can reach 65 to 70%.

Historical Background

 

  • A Special Police Establishment (SPE) was established in the British Indian Department of War in 1941 to investigate claims of bribery and corruption in war-related procurements during the Second World War.
  • By passing the Delhi Special Police Establishment (DSPE) Act, 1946, it was later formally established as a government of India organization to look into claims of corruption in a number of government departments.
  • The Delhi Special Police Establishment Act of 1946 gives the CBI the authority to conduct investigations.
  • The Government of India established the CBI in 1963 with the goal of looking into serious crimes involving the defense of India, high-level corruption, serious fraud, cheating, and embezzlement, as well as social crime, particularly hoarding, black-marketing, and profiteering in essential commodities with national and interstate implications.
  • With time, the CBI began looking into more common crimes like murders, abductions, hijackings, and crimes committed by radicals.

Cases that the CBI handles

 

  • Anti-Corruption Crimes – for the investigation of cases involving public officials and workers of the central government, public sector undertakings, corporations, or bodies that are owned or controlled by the government of India under the Prevention of Corruption Act.
  • Crimes relating to Fake Indian Currency Notes, Bank Frauds, Cyber Crime, Import Export & Foreign Exchange Violations, Large-Scale Smuggling of Narcotics, Antiques, Cultural Property, and Other Contraband Items, etc. Economic Crimes – for investigation of Major Financial Scams and Serious Economic Frauds
  • Special Crimes – for investigation of serious and organized crime in accordance with the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts – such as cases of terrorism, bomb blasts, kidnapping for ransom, and crimes committed by the mafia/the underworld.
  • Suo Moto Cases – The CBI can only suo moto investigate crimes in Union Territories.
  • The assent of the State Government in question is required before the Central Government can give the CBI permission to probe a crime in a State.
  • However, without the permission of the State, the Supreme Court and High Courts can direct CBI to look into a crime anywhere in the nation.

Director of the CBI

 

The management of the organization is the responsibility of the Director, CBI, who also serves as the Inspector General of Police for the Delhi Special Police Establishment.

  • The DSPE Act, 1946 served as the foundation for the CBI Director’s appointment up to 2014.
  • On the recommendation of the Supreme Court in the Vineet Narain case, the DSPE Act was changed in 2003. The Central Government would receive recommendations for the nomination of the CBI Director from a committee that included members from the Central Vigilance Commission and secretaries from the Home Ministry, Ministry of Personnel, and Ministry of Public Grievances.
  • The Lokpal Act of 2014 established a committee for the appointment of the CBI Director:
  • led by the prime minister
  • Other members include the Chief Justice of India and a judge on the Supreme Court, as well as the leader of the major opposition party.
  • A list of qualified individuals is sent by Home Ministry to DoPT. The DoPT then compiles the final list and submits it to the committee based on seniority, integrity, and experience conducting anti-corruption investigations.
  • The CVC Act of 2003 guarantees the director of CBI a tenure of two years.

 

Challenges

 

  • Due to excessive political meddling in its operations, the CBI has come under fire from the Indian Supreme Court, which compared it to a “caged parrot speaking in its master’s voice.”
  • The current administration frequently used it to hide misdeeds, control coalition allies, and intimidate political rivals.
  • It has been accused of taking a very long time to wrap up investigations, as seen in the 1990s Jain hawala diaries case, where it was slow to investigate high dignitaries.
  • Loss of Credibility: The agency has been criticized for its handling of several sensitive cases, including the Bofors scandal, the Hawala scandal, the Sant Singh Chatwal case, the Bhopal gas tragedy, and the 2008 Noida double murder case, as well as its mismanagement of several cases involving prominent politicians (Aarushi Talwar).
  • Lack of Public Accountability: CBI lacks public accountability because it is immune from the provisions of the Right to Information Act.
  • Acute staffing shortage: The government’s gross mismanagement of the CBI’s workforce through a system of ineffective, and puzzlingly biased, recruitment policies—used to bring in preferred officers, possibly to the organization’s detriment—is a key contributor to the shortfall.
  • Limitations: The State Government must give its approval before CBI members can conduct investigations, which places restrictions on their authority.

Access Restrictions: A major barrier to tackling corruption at higher levels of bureaucracy is getting prior consent from the Central Government to initiate an inquiry or probe against personnel of the Central Government at the level of Joint Secretary and above.

Scroll to Top