Everything You Need To Know About Central Bureau Of Investigation
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Central Bureau of Investigation (CBI)- UPSC Notes

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Central Bureau of Investigation (CBI)

The Central Bureau of Investigation is the premier investigating police agency in India. It function under the Department of Personnel and Training (DoPT), Ministry of Personnel, Pension & Public Grievances,

CBI is neither a constitutional body nor a statutory body; it derives its powers from the Delhi Special Police Establishment (DSPE) Act of 1946.

It is also the nodal police agency in India, which coordinates investigations on behalf of Interpol Member countries.

Evolution of Central Bureau of Investigation (CBI)

  • The origin of the CBI lies in the Special Police Establishment (SPE), set up in 1941 by the Government of India in the wake of World War II.
  • The SPE was set up to investigate cases of bribery and corruption in transactions with India’s War & Supply Department during World War II.
  • After independence, the need for a central agency to investigate the cases of bribery and corruption by the central government was felt.
  • The Delhi Special Police Establishment (DPSE) Act was, therefore, enacted in 1946. The act transferred the superintendence of the SPE to the Home Department and extended its functions to cover all departments of the Union government.
  • Over time, demand was felt for a central police agency capable of investigating not just instances of bribery and corruption but also offences related to central fiscal laws, significant frauds involving government departments, public joint-stock companies, passport frauds, crimes on the high seas, offences on airlines, and severe crimes committed by organised gangs and professional criminals.

Consequently, the Government of India established the Central Bureau of Investigation through a resolution on April 1, 1963.

Legality of the CBI

  • In 2013, the Guwahati High Court set aside the 1963 executive resolution under which the CBI was constituted as “illegal”. The Court also held that the CBI is neither an organ nor a part of the Delhi Special Police Establishment, and it cannot be regarded as a ‘police force’ established under the DSPE Act of 1946.
  • Explaining the judgement, Justice Ansari said, Police in India is a state subject, and the centre has the power only to gather intelligence [Entry 8 of Union List]; hence, unless the Constitution permits, the central agency cannot enter a state to investigate crime.
  • However, the said judgement was stayed by the Supreme Court immediately.
  • Recently (November 2023), the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recommended that a new law should be enacted that defines the powers, functions and status of the CBI and requisite safeguards should be laid down to ensure objectivity and impartiality in its functioning.

Motto, Mission and Vision of the Central Bureau of Investigation (CBI)

  • Motto: The motto of the CBI is “Industry, Impartiality and Integrity”.
  • Mission: To uphold the Constitution of India and the law of the land by conducting thorough investigations and successfully prosecuting offences; to offer leadership and direction to Police forces, serving as the central agency for promoting cooperation in law enforcement at both interstate and international levels.
  • Vision:
    1. Fighting corruption in public life and curbing economic and violent crimes through thorough investigation and prosecution.
    2. Help fight cyber and high technology crime.
    3. Develop effective systems and procedures for successful investigation and prosecution of cases in across law courts.
    4. Ensure a healthy work environment that encourages team-building, accessible communication and mutual trust.
    5. Assist state police and law enforcement agencies in national and international cooperation, particularly in the context of enquiries and investigation of cases.
    6. Safeguard human rights and preserve the environment, arts, antiques, and the heritage of our civilisation.
    7. Play a lead role in the war against national and transnational organised crime.
    8. Strive for excellence and professionalism across all aspects of functioning, enabling the organisation to attain high levels of endeavour and achievement.
    9. Cultivate a scientific temper, humanism and the spirit of inquiry and reform.

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Related FAQs of Central Bureau of Investigation

What exactly is the CBI and how did it come into existence?

The Central Bureau of Investigation (CBI) is India’s premier investigative agency, working under the Ministry of Personnel. It began as the Special Police Establishment in 1941 during World War II, and was officially established as the CBI in 1963 to tackle corruption, economic offences, and serious crimes across the country.

Is the CBI a constitutional or statutory body?

Surprisingly, no. The CBI isn’t a constitutional or statutory body. It draws its authority from the Delhi Special Police Establishment (DSPE) Act of 1946 and was formed through a government resolution. This is why there’s been a push for a dedicated law to define its powers more clearly.

Can the CBI investigate crimes in any state without permission?

Not always. The CBI needs the consent of the concerned state government to investigate cases within that state, as per Section 6 of the DSPE Act. Some states grant “general consent”, while others require “specific consent” for each case. However, the Supreme Court or High Court can also order the CBI to investigate a case, bypassing state consent.

Who appoints the CBI Director and how long is their term?

The CBI Director is appointed by a high-level committee that includes the Prime Minister, the Chief Justice of India (or a nominated judge), and the Leader of Opposition in Lok Sabha. The minimum term is 2 years, and it can be extended up to 5 years, one year at a time, based on public interest.

Why is the CBI sometimes called a “caged parrot”?

The term “caged parrot” was famously used by the Supreme Court in 2013, highlighting concerns that the CBI is not independent and is misused by those in power. Since then, there have been calls for reforms to ensure the CBI functions impartially and free from political pressure.

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