Appointment to CBI Director

In News: A writ petition has been filed in the Supreme Court seeking the appointment of a regular CBI Director.

About

• Issue: The government has failed to appoint the Director of the CBI as per Section 4A of the Delhi Special Police Establishment Act of 1946 on the expiry of the term of the last incumbent, Rishi Kumar Shukla, in February 2, 2021.
  • The petition pointed out that instead of a regular appointment to the top CBI post, the government-appointed Praveen Sinha  as an “interim/acting CBI Director.”
  • CBI director being the sensitive post, it is the final authority in the organization in several sensitive investigations therefore it will hamper the functional autonomy of the CBI and limit the extent of executive discretion.
• Appointment to director: The Director of the CBI is appointed as per section 4A of the Delhi Special Police Establishment Act of 1946.
  • The appointment to the director is done through the high-power selection committee of the  Prime Minister, the Chief Justice of India and the Leader of the Opposition.

Central Bureau of Investigation (CBI)

• It is the main investigation agency of the central government for cases relating to corruption and major criminal probes.
• It has its origin in the Special Police Establishment set up in 1941 to probe bribery and corruption during World War II.
• CBI was set up by a resolution of the Ministry of Home Affairs in 1963 after Santhanam committee recommendation.
• Superintendence of CBI rests with CVC in corruption cases and with Department of personnel and training in other matters.
• Presently it acts as an attached office under DOPT.
• Although DSPE Act gives legal power to CBI, CBI is not a statutory body as:
  • Word ‘CBI’ is not mentioned in the DSPE act.
  • Executive order of MHA did not mention CBI to be constituted under DSPE Act.
• Functions of CBI include solving:
  • Corruption Cases
  • Economic Crimes like financial frauds, narcotics, antiques,smuggling etc.
  • Special Crimes like Terrorism,ransom for kidnapping etc

Issues involved

• Lack of Administrative autonomy: Currently, vacancies in CBI have to be plugged through State or other Central forces on deputation. Thus, it is susceptible to the government’s ability to manipulate the senior officers, as their future postings are dependent on it.
• Lack of Financial Independency: Currently the CBI is not financially independent as administrative and financial control wrests with the Ministry of Personnel.
• Delay in case handling: As of now CBI faces enormous delays in concluding investigation due to lack of manpower and resources.
• Deficient of workforce: It lack of adequately qualified and competent workforce
• Prior permission of states: The conduct or continuance of investigation into offences committed with the territory of a state, consent of the state is required which most of the time is delayed or even denied.
• Other issues: CBI powers are misused for vested gains leading to poor transparency and accountability of the agency to the people at large.

Steps taken by government to strengthen CBI

• Operationalizing CBI courts for effective prosecution.
• CBI has been exempted from consultation with UPSC for recruitment to the post of DSP for a period of 3 years in 2017.
• Advanced Certified Course for CBI officers to enhance their investigation skills, forensic data collection, collection of evidence, skills etc. by training from National Law School of India University and IIM Bangalore.
• Various schemes for Modernization of training centers in CBI, CBI e-governance, comprehensive modernization of CBI branches/offices etc are being implemented.

Way forward

• The role, jurisdiction and legal powers of the CBI need to be clearly laid down.
  • It will give it goal clarity, role clarity, autonomy in all spheres and an image makeover as an independent autonomous statutory body.