CBI: Central Bureau of Investigation

Initially a body like the CBI was established during the second world war to check corruption in the war department. The Santham Committee on Prevention of Corruption in 1964 recommended formation of CBI for investigating corruption. Since, 2003, the Central Vigilance Commission supervises investigations of corruption matters by CBI.

CBI was created by the Ministry of Home Affairs, in 1963. It is not a statutory body. Its powers to investigate come from Delhi Special Police Establishment Act, 1946. CBI functions under the Ministry of Personnel, Public Grievances and Pensions. It is also the nodal agency for international Interpol criminal investigations in India and undertakes investigations directions from the judiciary, Central Vigilance Commission and the Lokpal.

CBI investigates the following types of cases, notified by the Central Government

• Offences by Public Servantsfrom Centre, State and PSUs
• Serious crime in Union Territories.CBI has the power to takeup these cases in Union Territories suo moto also.
• Fraud in the communication means i.e. Telegraph, Posts or Railways.
• CBI also does departmental inquiries and presents reports for disciplinary action.

Due to the important security functions of CBI, it is also exempted from the purview of the Right to Information (RTI)Act which has invoked some scrutiny and calls for limited RTI as well so that transparency can be brought into the functioning of CBI.

Since policing is a State subject (List II, Schedule 7), CBI needs State Government consent to investigate in their territory. Without it, CBI officials do not have the power of a police officerin the State territory. This consent is of two types:-

• General Consent: A state gives consent to probe all types of cases without having to seek permission.
• Specific Consent: In this case, CBI needs to seek specific consent from state for each case it wants to investigate.

Limitations on the powers of CBI in state investigations are being seen as 10 states have withdrawn the general consent as they are alleging that CBI is being missued by Central Government to State administration.

• This has led to calls for safeguards in CBI’s functioning independently that of the Central Government.
• Separate legislation (like the National Investigation Act, 2008 for the NIA) where CBI can investigate scheduled offences across the country so that crime is not allowed to perpetuate due to political differences between the Centre and State.

CBI director is an IPS officer with Director General of Police rank. CBI director is appointed for a term of two years which can be extended upto three years on recommendation of a Committee of Prime Minister, Leader of the Opposition in the Lok Sabha and Chief Justice of India (CJI) or a judge of the Supreme Court nominated by the CJI.

The National Investigation Agency was established in 2008 after the 2008 Mumbai terror attacks. It has been set up to counter terrorism and other offences like human trafficking, counterfeit currency, sale of prohibited arms, etc.

• Unlike the CBI, NIA does not require special permission from states to investigate offences related to terrorism specifically laid down in the NIA Act Schedule.
• Both NIA and CBI have been exempted from the RTI Act obligations to divulge information.

The Intelligence Bureau (IB), on the other hand, deals with internal intelligence gathering and coordinates with counter-terrorism agencies and police agencies. While, the IB is primarily an intelligence agency, the CBI is primarily an investigative agency.

CBI has been called a ‘caged parrot’ working on the directions of the ruling government.

• The 2nd ARC Report recommended that CBI should be given statutory backing.
• Further, it is deficient in financial, human and infrastructural resources. To remedy this, the Parliamentary standing committee (2007) recommended that more investment and autonomy should be given to CBI.
• Again in the 2022 the Standing Commitee recommended that CBI should have its own permanent staff so that it is not dependent on deputation from CAPF and States.
• Committee also recommended that a central case management system is necessary to ensure smooth functioning.

The CBI is a premier investigation agency which has grown from investigating corruption to a being multidisciplinary body undertaking international tie ups and serious crime investigations in India. Through its investigative work, CBI has instilled trust in the hearts of Indians. It leads the policy of zero tolerance against corruption in India.

There is need for greater autonomy, statutory backing and enhanced resources to be given to CBI so that it can peform its work effectively. CBI’s technological capabilities also have to be enhanced to keep up with modern criminal activites. General capacity building and skilling of the CBI personnel will boost its multidisciplinary functioning.