CBI DIRECTOR - POLITY

News: Karnataka DGP Praveen Sood to be next Director of CBI

 

What is in the news?

       Karnataka Director General of Police Praveen Sood will be the next Director of the Central Bureau of Investigation (CBI) by the selection committee.

 

Appointment of CBI director:

       The CBI director is appointed according to provisions under the Delhi Special Police Establishment Act (1946) and amendments therein brought by the Lokpal and Lokayuktas Act, 2013.

       The appointment is made by the Centre on recommendation by a three-member Appointment Committee.

       The Appointment or Selection committee comprises three members.

       Prime minister of india

       Chief justice of India or judge of supreme court nominated by CJI.

       Leader of opposition of lok sabha.

       If there is no recognized LoP, then the leader of the single largest party is included in the committee.

       Tenure: Central Vigilance Commission act 2003 prescribes the CBI director's tenure as two years.

 

Supreme court orders for the appointment of CBI director:

       Supreme court judgment in 2019:

       The apex court, in a 2019 order, mandated that no officer with less than six months' tenure remaining can be considered for the post of CBI chief.

       The court also ruled that the director is to remain in office for 'not less than 2 years' and can be transferred only with the consent of the appointing committee.

       Union of India vs C. Dinakar case:

       The SC in Union of India versus C. Dinakar, 2001 case has held that “ordinarily IPS officers of the senior most four batches in service on the date of retirement of CBI Director, irrespective of their empanelment, shall be eligible for consideration for appointment to the post of CBI Director”.

 

Central Bureau of Investigation:

       It is the premier investigative agency of India.

       The agency was established in 1963 by the Indian government as a result of the recommendation of the Santhanam Committee.

       CBI is not a statutory body.

       It derives its power to investigate from the Delhi Special Police Establishment Act 1946.

       Ministry of control:

       The CBI works under the jurisdiction of the Ministry of Personnel, public grievances and pensions.

       However, for investigation of offenses under the Prevention of Corruption Act, the CBI vests superintendence to the Central Vigilance Commission.

       Functions:

       Investigate corruption offenses by the Central government servants, Public Sector Undertakings (PSUs) and of the Public Sector Banks (PSBs).

       Economic crimes like financial frauds, narcotics, antiques, smuggling etc.

       Important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.