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Central Bureau of Investigation (CBI)- About, Composition, Appointment and Jurisdiction

Central Bureau of Investigation (CBI)- Relevance for UPSC Exam

  • GS Paper 2: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government.

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Central Bureau of Investigation (CBI)- Context

  • Recently, the President of India promulgated two ordinances that would allow the Centre to extend the tenures of the directors of the Central Bureau of Investigation and the Enforcement Directorate from two years to up to five years.
    • The tenure of CBI was increased by amending the Delhi Special Police Establishment Act, 1946.
  • The chiefs of the Central agencies currently have a fixed two-year tenure, but can now be given three annual extensions.

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Central Bureau of Investigation (CBI)- Key Points

  • Background: During World War 2, the British government created Special Police Establishment under a DIG in the then Department of War.
    • It was mandated to investigate cases of bribery and corruption in transactions with which War and Supply Department of the Government of India was concerned.
    • Later in 1963, the Santhanam Committee on Prevention of Corruption recommended the establishment of the CBI.
  • About: The CBI is the premier investigating agency in India. CBI was formed through a resolution of the Government of India in 1963.
    • CBI is not a statutory body and derives its powers from the Delhi Special Police Establishment Act, 1946.
    • CBI Headquarters: New Delhi, India
  • Mandate: to investigate several economic crimes, special crimes, cases of corruption, and other cases.
    • To investigate cases of cheating and embezzlement and social crime, particularly of hoarding, black-marketing and profiteering in essential commodities, having all-India and inter-state ramifications.
  • Parent Ministry: Initially it was under the ministry of home affairs and later transferred to the Ministry of Personnel, Public Grievances and Pensions.
    • Presently, it works as an attached office of the Ministry of Personnel.
    • CBI works under the supervision of the Central Vigilance Commission (CVC) in matters pertaining to the Prevention of Corruption Act, 1988.

National Security Act,1980

 

Central Bureau of Investigation (CBI)- Appointment, Composition and Jurisdiction

  • Appointment of CBI Director: The director is selected by a high-profile appointment committee provided in the Lokpal Act 2014. The committee consists of-
  • Chairperson: The Prime Minister of India
  • Member: Leader of Opposition of Loksabha or the Leader of the single largest opposition party in the Lok Sabha, if the former is not present due to lack of mandated strength in the Lok Sabha.
  • Representation from Judiciary: Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice.
  • Director of CBI: Central Bureau of Investigation director as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the CBI.
    • Tenure: Director of CBI was provided security of two-year tenure, by the CVC Act, 2003 which can be increased to five years by the central government as per the amended Delhi Special Police Establishment Act, 1946.
  • Jurisdiction of CBI: The central government may extend to any area (except UTs) the powers and jurisdiction of the CBI for investigation, subject to the consent of the government of the concerned state.
    • However, the Supreme Court of Indian and High Courts can order CBI to investigate a crime anywhere in the country without the consent of the State.

 

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