Rajasthan

Appearance

Central Bureau of Investigation (CBI) ​

  • Establishment:

    • Origin: Special Police Establishment (1941) to investigate bribery in War and Supply Department.
    • 1946: Delhi Special Police Establishment Act, transferring superintendence to the Home Department and enlarging functions to all government departments.
    • 1963: CBI established by a resolution of the Ministry of Home Affairs; Delhi Special Police Establishment merged into CBI.
    • Administrative Control: Department of Personnel and Training (DoPT), Ministry of Personnel.
    • Not a statutory body. Powers derived from Delhi Special Police Establishment Act, 1946.

  • Role:

    • Main investigating agency of the Central Government.
    • Prevention of corruption and maintaining integrity in administration.
    • Assistance to Central Vigilance Commission and Lokpal.

  • CBI vs. NIA:

    • NIA: Investigates terrorist attacks, funding of terrorism, and terror-related crimes (established after 2008 Mumbai attacks).
    • CBI: Investigates corruption, economic offences, and serious/organized crime (excluding terrorism).

  • Jurisdiction:

    • Requires state government consent to exercise powers in a state (excluding railway areas).

  • Motto, Mission and Vision:

    • Motto: Industry, Impartiality, and Integrity.
    • Mission:
      • Uphold the Constitution and law through in-depth investigation.
      • Provide leadership to police forces.
      • Act as the nodal agency for interstate and international cooperation in law enforcement.
    • Vision:
      1. Combating corruption, curbing economic and violent crimes.
      2. Evolving effective investigation and prosecution procedures.
      3. Helping fight cyber and high technology crime.
      4. Creating a healthy work environment that encourages teamwork.
      5. Supporting state police organizations and international cooperation.
      6. Playing a lead role against national and transnational organized crime.
      7. Upholding human rights, protecting the environment and heritage.
      8. Developing a scientific temper.
      9. Striving for excellence and professionalism.

  • Composition:

    • Headed by a Director, assisted by special/additional directors.
    • Includes joint directors, deputy inspector-generals, superintendents of police, forensic scientists, and law officers.
    • Director is Inspector-General of Police, Delhi Special Police Establishment, responsible for administration.

  • Superintendence:

    • CVC Act, 2003: Superintendence of Delhi Special Police Establishment vests with the Central Government, except for offences under the Prevention of Corruption Act, 1988, where it vests with the Central Vigilance Commission.

  • Appointment/Committee Composition Changes (Lokpal and Lokayuktas Act, 2013):

    1. Director of CBI appointed on the recommendation of a committee:
      • Prime Minister (Chairperson)
      • Leader of Opposition in Lok Sabha
      • Chief Justice of India/Supreme Court Judge nominated by him/her.
    2. Directorate of Prosecution: Headed by a Director, appointed by Central Government on the recommendation of the Central Vigilance Commission, functions under the Director of CBI.
    3. Officers of SP rank and above appointed on recommendation of a committee:
      • Central Vigilance Commissioner (Chairperson)
      • Vigilance Commissioners
      • Secretary of the Home Ministry
      • Secretary of the Department of Personnel

  • Delhi Special Police Establishment (Amendment) Act, 2014:

    • Changed the committee composition related to the appointment of the Director of CBI where there is no recognized Leader of Opposition in Lok Sabha. In that case, the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.

  • Delhi Special Police Establishment (Amendment) Act, 2021:

    • Provides for the extension of the tenure of the Director of CBI from two years to up to five years. The extension can be given up to one year at a time.

  • Functions of CBI:

    • Investigating corruption, bribery, and misconduct of Central Government employees.
    • Investigating infringement of fiscal and economic laws.
    • Investigating serious crimes with national and international ramifications.
    • Coordinating anti-corruption agencies and state police forces.
    • Taking up cases of public importance at the request of a state government.
    • Maintaining crime statistics and disseminating criminal information.
    • Normally confined to offenses committed by Central Govt and UT employees and their public sector undertakings.
    • Takes up conventional crimes like murder, kidnapping, rape etc., when referred by State Governments or when directed by the Supreme Court/High Courts.
    • Acts as the "National Central Bureau" of Interpol in India.

  • Provision of Prior Permission:

    • CBI required to obtain prior approval of the Central Government before inquiring/investigating officers of Joint Secretary rank and above.

  • Supreme Court Ruling (2014):

    • Invalidated the legal provision requiring prior sanction for CBI to probe senior bureaucrats in corruption cases under the Prevention of Corruption Act, stating that it violates Article 14.

  • CBI vs. State Police:

    • Role of Delhi Special Police Establishment is supplementary to state police.
    • Both have concurrent powers under the Delhi Special Police Establishment Act, 1946.
    • Administrative arrangements to avoid duplication:
      1. DSPE takes up cases substantially concerning Central Government affairs/employees.
      2. State police handle cases concerning state government affairs/employees.
      3. DSPE also investigates employees of public undertakings/statutory bodies financed by the Central Government.