Central Bureau Of Investigation

2019 ias preliminary exam test series

The Central Bureau of Investigation (CBI) is the foremost investigative police agency in India. It is under the jurisdiction of the Government of India. The CBI is involved in major criminal probes, and is the Interpol agency in India.

The CBI was established in 1941 as the Special Police Establishment, tasked with domestic security. It was renamed the Central Bureau of Investigation on 1 April 1963.

Its motto is “Industry, Impartiality, Integrity”.

Agency headquarters is in the Indian capital, New Delhi, with field offices located in major cities throughout India. The CBI is overseen by the Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions of the Union Government, headed by a Union Minister who reports directly to the Prime Minister.

While analogous in structure to the Federal Bureau of Investigation in the United States of America, the CBI’s powers and functions are limited to specific crimes by Acts (primarily the Delhi Special Police Establishment Act, 1946).

Organisational structure:

The CBI is headed by a Director, an IPS officer with a rank of Director General of Police . The director is selected based on the CVC Act 2003, and has a two-year term.

Other ranks in the CBI which may be staffed by the IRS and the IPS are Special Director, Additional Director, Joint Director, Deputy Inspector General of Police, Senior Superintendent of Police, Superintendent of Police, Additional Superintendent of Police, Deputy Superintendent of Police. Inspector, Sub-Inspector, Assistant Sub-Inspector, Head constable, Constable which are recruited through SSC or through deputation from Police and Income Tax Department.

The CBI is subject to three ministries of the Government of India and Two Constitutional bodies:-

-Ministry of Home Affairs: Cadre Clearance
-DoPT: Administration, Budget and Induction of non IPS officers
-Union Public Service Commission: Officers of and above the rank of Deputy SP
-Law and Justice Ministry: Public prosecutors
-Central Vigilance Commission: Anti-corruption cases.

Selection committee

The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI. The committee consists the following people:

-Prime Minister – chairperson
-Leader of Opposition – member
-Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice – member

When making recommendations, the committee considers the views of the outgoing director.

Above Selection committee was constituted under The Lokpal and Lokayuktas Act, 2013. Before this central vigilance commissioner, under CVC act, had this power.

NDA government, on 25 November 2014, moved an amendment bill to do away with the requirement of quorum in high profile committee while recommending the names, for the post of director CBI, to the central government by introducing the clause “no appointment of a (CBI) director shall be invalid merely by reason of any vacancy or absence of members in the panel” and to replace the LOP with Leader of single largest opposition party or pre-election coalition as at present there is no Leader of opposition in the Loksabha.

Jurisdiction, powers and restrictions:

The legal powers of investigation of the CBI are derived from the DSPE Act 1946, which confers powers, duties, privileges and liabilities on the Delhi Special Police Establishment (CBI) and officers of the Union Territories.

The central government may extend to any area (except Union Territories) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state.

Members of the CBI at or above the rank of sub-inspector may be considered officers in charge of police stations. Under the act, the CBI can investigate only with notification by the central government.

Relationship with state police:

Maintaining law and order is a state responsibility as “police” is a State subject, and the jurisdiction to investigate crime lies with the state police exclusively . The CBI being a Union subject may investigate:

-Offences against central-government employees, or concerning affairs of the central government and employees of central public-sector undertakings and public-sector banks
-Cases involving the financial interests of the central government
-Breaches of central laws enforceable by the Government of India
-Major fraud or embezzlement; multi-state organised crime
-Multi-agency or international cases

High Courts and the Supreme Court:

The High Courts and the Supreme Court have the jurisdiction to order a CBI investigation into an offence alleged to have been committed in a state without the state’s consent, according to a five-judge constitutional bench of the Supreme Court (in Civil Appeals 6249 and 6250 of 2001) on 17 Feb 2010.

Current Affairs for IAS Exam