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Central Bureau of Investigation (CBI)

The Central Bureau of Investigation (CBI) is India’s premier investigating agency, established in 1963 to investigate serious crimes including corruption, economic offenses, and high-profile cases that have an impact on the nation’s security. The CBI is known for its autonomy and impartiality in investigating cases of national and international importance. In this article, we will delve into the history, functions, and controversies surrounding the Central Bureau of Investigation.

Central Bureau of Investigation
Central Bureau of Investigation

History of the Central Bureau of Investigation

The CBI was established in 1963 by the Indian government as a special police force to investigate economic offenses and corruption cases based on the recommendations of Santhanam Committee. The agency initially operated under the Ministry of Home Affairs but later became an autonomous body under Ministry of Personnel and Public Grievances in 1965. Over the years, the CBI’s jurisdiction has been expanded to include a wide range of crimes, including terrorism, espionage, and cybercrime. The agency has also been involved in high-profile cases such as the Bofors scam, the 2G spectrum scam, and the Satyam fraud.

Functions of Central Bureau of Investigation

The CBI is responsible for investigating cases of corruption and economic offenses that have national and international ramifications. The agency also assists state police forces in investigating cases of serious crimes such as murder, kidnapping, and terrorism. The CBI has the power to investigate cases under various laws such as the Prevention of Corruption Act, the Indian Penal Code, and the Narcotics Drugs and Psychotropic Substances Act. The agency can also investigate cases that are referred to it by state governments or the judiciary.

The CBI also has a cybercrime cell that investigates crimes related to computer and internet technology.

Appointment of CBI Director

The Director of the Central Bureau of Investigation (CBI) is appointed by the Central Government of India based on the recommendations of the high-powered committee, as per the provisions of the Delhi Special Police Establishment (DSPE) Act, 1946.

The high-powered committee consists of the following members:

  1. Prime Minister of India or his nominee, who is usually the Home Minister
  2. Leader of the Opposition or the leader of the largest opposition party in the Lok Sabha
  3. Chief Justice of India or a Supreme Court judge nominated by him/her

The selection process for the Director of CBI involves the following steps:

  • The Department of Personnel and Training (DoPT) invites applications from eligible candidates, including officers from the Indian Police Service (IPS) and other civil services.
  • The high-powered committee shortlists a panel of candidates based on their seniority, integrity, and experience in investigation and prosecution of criminal cases.
  • The shortlisted candidates are called for an interview by the high-powered committee, which assesses their suitability for the position based on their knowledge, skills, and track record.
  • Based on the interview, the high-powered committee recommends the appointment of the most suitable candidate as the Director of CBI.

Once the Central Government approves the recommendation of the high-powered committee, the appointed officer assumes office as the Director of CBI for a term of two years or until he/she attains the age of 60 years, whichever is earlier.

Terms of Director of CBI

The Director of the Central Bureau of Investigation (CBI) in India is appointed for a term of two years, or until the officer reaches the age of 60 years, whichever is earlier. However, the Director’s term can be extended by the Central Government for a maximum period of up to five years, provided that the officer has not attained the age of 60 years.

It is worth noting that the appointment and removal of the CBI Director are governed by the provisions of the Delhi Special Police Establishment (DSPE) Act, 1946. As per the Act, the Director can be removed from office by the Central Government only after an inquiry has been conducted into allegations of misconduct or incapacity.

Additionally, the CBI Director is expected to operate with complete autonomy and independence in the discharge of his/her duties. The Director is also accountable to the Central Government and the judiciary for the proper functioning of the agency and the effective investigation of cases.

Controversies surrounding the Central Bureau of Investigation

Over the years, the CBI has been embroiled in several controversies. The agency has been accused of acting under political pressure, selectively targeting individuals, and violating the due process of law. In some cases, the CBI has been accused of not conducting proper investigations, leading to acquittals in court.

One of the most significant controversies surrounding the CBI was its handling of the Bofors scam in the 1980s. The agency was criticized for failing to make any significant progress in the case and for being influenced by political pressure. The agency’s reputation suffered a severe blow, and its impartiality was questioned.

More recently, the CBI has been criticized for its handling of the Vyapam scam in Madhya Pradesh, which involved the rigging of entrance exams for government jobs and professional courses. The agency was accused of not conducting proper investigations and not pursuing all leads, which led to several accused persons being acquitted in court.

Conclusion

The Central Bureau of Investigation plays a crucial role in maintaining law and order in the country. The agency has been instrumental in investigating several high-profile cases and bringing perpetrators of serious crimes to justice. However, the CBI’s reputation has been marred by controversies, and its impartiality has been questioned in several instances. The agency needs to maintain its autonomy and ensure that its investigations are conducted impartially and without any political pressure. The CBI must strive to restore its credibility and maintain public trust in its ability to investigate serious crimes.

Summary

  • The Central Bureau of Investigation (CBI) is India’s premier investigating agency, established in 1963 to investigate serious crimes including corruption, economic offenses, and high-profile cases that have an impact on the nation’s security.
  • The CBI initially operated under the Ministry of Home Affairs but later became an autonomous body in 1965.
  • The CBI is responsible for investigating cases of corruption and economic offenses that have national and international ramifications, assisting state police forces in investigating cases of serious crimes such as murder, kidnapping, and terrorism.
  • The CBI has the power to investigate cases under various laws and can also investigate cases that are referred to it by state governments or the judiciary.
  • The CBI plays a crucial role in maintaining internal security in the country, involved in counter-terrorism operations, and investigating cases related to organized crime, terrorism, and extremist activities.
  • The CBI has been embroiled in several controversies, including accusations of acting under political pressure, selectively targeting individuals, and violating the due process of law.
  • One of the most significant controversies surrounding the CBI was its handling of the Bofors scam in the 1980s, and more recently, the CBI has been criticized for its handling of the Vyapam scam in Madhya Pradesh.
  • The agency needs to maintain its autonomy and ensure that its investigations are conducted impartially and without any political pressure. The CBI must strive to restore its credibility and maintain public trust in its ability to investigate serious crimes.

MCQ

Q. What is the role of the Central Bureau of Investigation?
a. Investigate only economic offenses
b. Investigate only corruption cases
c. Investigate serious crimes including corruption, economic offenses, and high-profile cases that have an impact on the nation’s security.
d. Assist state police forces in investigating minor crimes
Answer: c. Investigate serious crimes including corruption, economic offenses, and high-profile cases that have an impact on the nation’s security. This is stated in the article’s introduction and functions sections.

Q. When was the CBI established?
a. 1965
b. 1975
c. 1985
d. 1963
Answer: d. 1963. This is stated in the article’s history section.

Q. Which of the following is NOT a law under which the CBI can investigate cases?
a. Prevention of Corruption Act
b. Indian Penal Code
c. Wildlife Protection Act
d. Narcotics Drugs and Psychotropic Substances Act
Answer: c. Wildlife Protection Act. This is stated in the article’s functions section.

Q. What is the primary criticism of the CBI in recent years?
a. Not conducting proper investigations
b. Targeting individuals based on political pressure
c. Violating the due process of law
d. All of the above
Answer: d. All of the above. The article’s controversies section mentions that the CBI has been accused of all of these things in recent years, leading to a loss of credibility and trust.