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CENTRAL BUREAU OF INVESTIGATION (CBI) | TIMETEA | SHIELD IAS
CENTRAL BUREAU OF INVESTIGATION (CBI)
What is CBI?
Central Bureau of Investigation (CBI) is the premier investigating police agency in India.
It provides assistance to the Central Vigilance Commission and Lokpal.
It functions under the superintendence of the Deptt. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India - which falls under the prime minister’s office.
Its conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.
History of CBI
During the early stages of World War II, the then Government of India realized that expanded expenditure connected with the war had increased corrupt practices among both officials and non-officials.
How is the Director of CBI appointed?
Director, CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organization.
In 2014, the Lokpal Act provided a committee for the appointment of CBI Director:
• Headed by Prime Minister
• Other members – Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge.
What Type of Cases are Handled by the CBI?
Anti-Corruption Crimes - for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India.
Economic Crimes - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.
Special Crimes - for investigation of serious and organized crime under 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.
What Challenges are Faced by the CBI?
1. Political Interference: The Supreme Court of India has criticised the CBI by calling it a "caged parrot speaking in its master's voice", due to excessive political interference in its functioning.
It has often been used by the government of the day to cover up wrongdoing, keep coalition allies in line and political opponents at bay.
2. 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].
3. Loss of Credibility: Improving the image of the agency is one of the biggest challenges till now as the agency has been criticised for its 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).
4. Lack of Accountability: CBI is exempted from the provisions of the Right to Information Act, thus, lacking public accountability.
5. 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 favoured officers, possibly to the detriment of the organisation.
6. Limited Powers: The powers and jurisdiction of members of the CBI for investigation are subject to the consent of the State Govt., thus limiting the extent of investigation by CBI.
What can be done to Ensure Better Functioning of the CBI?
1. Delink the CBI from the administrative control of the government - As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely.
2. Providing statutory status through legislation equivalent to that provided to the Comptroller & Auditor General and the Election Commission wil help maintain the independence of the institution.
3. Twenty fourth report of Department related parliamentary standing committee on personnel, public grievances, law and justice on working of CBI recommended the following:
4. Strengthening human resources by increasing strength of CBI,
5. Better investments in infrastructural facilities,
6. Increased financial resource and administrative empowerment with accountability,
7. Give more Powers (related to Union, State and Concurrent list of the 7th schedule of Indian constitution), to the CBI, Separate enactment under – "Central Bureau of Intelligence and Investigation Act" and replace DSPE Act.