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In respect to which of the following, the superintendence of Delhi Special Police Establishment vests in the Central Government?1. In respect of all m
Question

In respect to which of the following, the superintendence of Delhi Special Police Establishment vests in the Central Government?
1. In respect of all matters
2. In respect of all matters, excluding investigation of offences under the Prevention of Corruption Act, 1988
3. Appointment of officers to exercise power of superintendence vested in it
Select the correct answer using the code given below:

A.

1 only

B.

2 and 3

C.

1 and 3

D.

2 only

Correct option is B

The correct answer is (b) 2 and 3.

Explanation

The rules regarding the control over the Delhi Special Police Establishment (DSPE), popularly known as the CBI, are laid down in Section 4 of the Delhi Special Police Establishment Act, 1946. This section divides "superintendence" (overall oversight and direction) between two different authorities to ensure independence in corruption investigations.

  • Statement 1 is incorrect: The Central Government does not have superintendence over "all matters." Specifically, it cannot interfere in or oversee investigations related to corruption.
  • Statement 2 is correct: Under Section 4(1) of the DSPE Act, the superintendence of the establishment, in so far as it relates to the investigation of offences under the Prevention of Corruption Act, 1988, vests in the Central Vigilance Commission (CVC). Consequently, the Central Government's superintendence (under Section 4(2)) applies only to all other matters (e.g., conventional crimes like murder, kidnapping, or economic offences), effectively excluding the PC Act cases.
  • Statement 3 is correct: The power to appoint officers who will exercise superintendence (like the Director of the CBI or the CVC themselves) is a function of the Central Government (acting on recommendations of specified committees). Section 4(3) further states that the administration of the force vests in the Director, who is appointed by the Central Government.

Information Booster:

The "Dual Superintendence" model was introduced following the landmark Vineet Narain vs. Union of India case to prevent political interference in corruption probes.

Matter of Investigation

Superintendence Authority

Governing Section

Corruption (PC Act, 1988)

Central Vigilance Commission (CVC)

Section 4(1) of DSPE Act

All Other Crimes (General)

Central Government (DoPT)

Section 4(2) of DSPE Act

Administration of DSPE

Director, CBI

Section 4(3) of DSPE Act

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