CENTRAL BUREAU OF INVESTIGATION (CBI) - POLITY

News: Tamil Nadu withdraws general consent for CBI within State

 

What's in the news?

       The DMK-led government in Tamil Nadu announced that it has withdrawn the general consent given to the Central Bureau of Investigation (CBI), under Section 6 of the Delhi Special Police Establishment (DSPE) Act, allowing the agency to investigate cases without its permission in the State.

       The move came on the day when its Electricity Minister V. Senthilbalaji was arrested by another central agency, the Enforcement Directorate (ED).

 

Key takeaways:

       Mizoram, West Bengal, Chhattisgarh, Rajasthan, Maharashtra, Kerala, Jharkhand, Punjab and Meghalaya had withdrawn their general consent given to CBI as of March. 2023.

 

CBI:

       CBI is the foremost investigative police agency in India.

 

Legal Status:

       It is a non-constitutional and non-statutory body.

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

       It was established in 1941 as the Special Police Establishment.

       It was renamed to present nomenclature in 1963.

 

Headquarters: New Delhi.

 

Motto: Industry, Impartiality, Integrity.

 

Organization structure:

       It is headed by Director, an IPS officer of DGP rank.

       The CBI Director is selected by a committee comprising Prime Minister, Chief Justice of India and Leader of Opposition or leader of the largest party in opposition in Lok Sabha.

       The tenure of CBI director has been extended from two years to five years now.  The change in tenure of the CBI Director was done by amending the Delhi Special Police Establishment Act, 1946. However, no extension can be granted to the CBI chief after a period of five years.

 

Vision:

       Combating corruption in public life.

       Curbing economic and violent crimes through meticulous investigation and prosecution.

       Contribute to the battle against cyber and high-tech crime by developing effective methods and procedures for successful investigation and prosecution of cases in various law courts.

       Assist state police organizations and law enforcement agencies with national and international collaboration, notably in the areas of investigations and case investigation.

       Take the lead in the fight against domestic and international organized crime.

       Protect human rights, the environment, the arts, antiques, and our civilization's heritage.

       Develop a scientific temperament, humanism, and an inquiry and reform mentality.

       Strive for quality and professionalism in all aspects of the organization's operations so that it can reach new heights of ambition and achievement.

 

Powers:

       CBI investigates cases related to economic crimes, special crimes, cases of corruption and other high-profile cases.

       CBI comes under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.

       CBI is exempted from Right to Information (RTI) Act similar to the National Investigation Agency (NIA), National Intelligence Grid (NATGRID), etc.

 

Concerns:

       Exemption from RTI Act - issues of transparency and accountability.

       Consent required from the state government in investigation of cases - affects their functioning.

       Political interference - complaints from opposition parties such as the government misusing powers of CBI to curb their voice.

       Low conviction rate and delayed investigation in many cases.

       Requirement of prior clearance from the Central Government to conduct inquiries or investigations of Central Government employees at the level of Joint Secretary and above causing hurdles in their effective functioning.

 

To ensure that the CBI is a strong, independent, and credible investigation agency, a much more transparent framework to oversee the CBI's appointment and operations is urgently needed.