Open Access Research Article
THE ROLE AND CHALLENGES OF THE CENTRAL BUREAU OF INVESTIGATION (CBI) IN INDIA’S LEGAL SYSTEM BY: Priyadharshini.M.R.
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Article Details
THE ROLE
AND CHALLENGES OF THE CENTRAL BUREAU OF INVESTIGATION (CBI) IN INDIA’S LEGAL
SYSTEM
Authored BY:
Priyadharshini.M.R.
B.A.LLB(Hons),
3rd Year
The
Tamilnadu Dr Ambebkar Law University,
School Of
Exellence In Law, Tharamani Chennai -600113
Abstract:
Here is an abstract for an article on
the Central Bureau of Investigation (CBI) and its functioning in India. The CBI
is the premier investigative agency in India, established in 1963, and plays a vital
role in upholding the rule of law and combating corruption. The article delves
into the CBI’s organizational structure, jurisdiction, and the various
divisions responsible for handling different types of cases. It also discusses
the CBI’s powers and limitations, emphasizing its autonomy and accountability.
Additionally, the article highlights some notable cases and controversies that
have shaped the CBI’s reputation over the years. The aim of this article is to
offer readers a nuanced understanding of the CBI’s role in India’s legal and
investigative landscape, shedding light on its successes and challenges1234.
Introduction:
During the early 20th century
In the advent of world war II, a
special police establishment was formed in India. it investigated the allegation of bribery and
corruption in the war pertinent acquisition. The government of India formally
introduced the special police establishment to investigate the allegation of
corruptions in its departments by implementing the special police establishment
act, 1946. The special police establishment act was renamed as CBI in 1963 by
government of India The CBI, which is the Central Bureau of Investigation, is a
special police enforcement. It was given statutory status in 1946. It is specifically
to work on the Investigation at central government level based in Delhi. Police
investigate the state matters when the central government wants to investigate
it.
Over the years with the escalation in
the scope of CBI the issues relating to it also increased considerably. The
gradual increase of political interference in the functioning of CBI let to
lack of accountability. With the ever growing cases in the country the
necessity of recruiting personnel also increased. This seeks for some exclusive
powers in the hands of CBI where the statue is vague and the circumstances deem
an immediate action. This article
exclusively deals about challenges faced by in contemporary India.
CENTRAL
BUREAU OF INVESTIGATION:
The central bureau of investigation functioning
under department of personnel, ministry of personnel, pension and public
grievances, government of India is the premier investing police agency in
India. It is an elite force playing a major role in preservation of values in
public life and ensuring the health of the national economy. It is also so
nodal police agency in India, which co-ordinates investigation on behalf of
Interpol member countries[1].
It assists the central vigilance commission and lokpal. Under it super
intertendence vests with the central vigilance commission for investigation of
offences under the prevention of corruptions Act. CBI derives its power from
the Delhi special police establishment Act as it is not a statutory body.
Types of cases
CBI handles:
Anti-corruption division:
this division deals with investigation of corruption allegations against
the public officials, the employees of central government, public sector
undertakings corporations.
Economic offences division:
This division investigates major
financial scams and economic frauds, including crimes relating to bank frauds,
cyber crime, Import Export and foreign exchange violations, large scale
smuggling of narcotics, antiques, cultural prop frauds and smuggling of other
contraband items etc.
Special crimes division:
At the order of Supreme Court and
high court or on the request of sate government will investigate serious crimes
under Indian penal code and other Law such as terrorism, bomb blasts,
kidnapping for ransom and crimes of underworld.
Suo moto cases:
CBI can suo moto take up
investigation of offences only in the union territories. The central government
can authorize CBI to investigate a crime in a state but only with the consent
of the concerned state.
The Supreme Court and high court,
however, can order the CBI to investigate a crime anywhere in the country
without the consent of the state.[2]
Appointment
of CBI:
The CBI director is appointed by a 3
member committee. They are the prime minister, the leader of the opposition in
Lok Sabah and the Chief Justice of India.
Composition
of the CBI:
The
composition of CBI IS:
1) The CBI is led by a director whom a
special director or an additional director assists.
2) The CBI has a team of joint
directors, deputy inspector general, superintendents of police, and other
police personnel.
3) The CBI has 5,000 staff members125
forensic scientists, and 250 law officers.
4) The CBI director is also the
inspector general of police, Delhi special police establishment.
5) The director has two year tenure in
office as per the CVC Act, 2003.
6) The central government appoints the
CBI director based on the recommendation of a three member committee. The
committee consists of the following members:
Prime minister
The leader of the
opposition in the lok sabha, and
The chief justice of
India or a nominated supreme court judge.
7)
The
Lokpal and Lokayuktas Act,2013 established a directorate of prosecution within
the CBI
A
director heads the director of prosecution. He must be at least a joint
secretary to the government of India.
8) A committee appoints officers with
the rank of SP in CBI. The committee comprises:
The central
vigilance commissioner,
The vigilance
commissioner,
The Secretary
of the home ministry, and
The
secretary of the department of personnel.
The Delhi
special police establishment (Amendment) Act, 2014 states that:
In case there is no
leader for the opposition party, the leader of the largest single opposition
party from lok sabha becomes a member of the committee.[3]
Mission of
CBI:
The mission of CBI is to uphold the
constitution and other law which the land holds and to give leadership and
direction to police forces and it acts as the nodal agency of police it
enhances the international corporation in law enforcement.
Challenges
in the functioning of CBI:
There are some limitations which hold
the CBI from performing its duties effectively. The Central Bureau of
Investigation (CBI) in India, which is responsible for maintaining law and
order and investigating high-profile cases, faces several challenges in its
functioning. One of the major issues is political interference123. This often
leads to a lack of autonomy and impartiality in its investigations. Another
challenge is the heavy workload24, as the agency is burdened with a vast number
of cases, leading to delays in justice. Additionally, the shortage of qualified
and trained personnel24 within the organization impacts its efficiency. The
lack of modern technology and resources further hampers its investigative
capabilities2. Lastly, maintaining transparency and public trust23 remains an
ongoing challenge, as the agency must demonstrate its commitment to upholding
the law while addressing these issues to function effectively.
Political interference:
The CBI has seemed to have excessive
political interference. The Prime Minister is mainly involved in the appointment
of a CBI director, so the one who is in the favor of the ruling party will have
the benefits. On election days, the CBI will have the pressure of conducting
raids mainly on the opposition party. CBI has been used a political instrument.
In the case of bofors, the ruling party has transferred the officers dealing
with the case and this case made people to believe that CBI cannot take actions
against the ruling party. The supreme court has said that CBI is a caged parrot
speaking in its masters voice.
Delays in concluding Investigation:
CBI has been accused of many delays
in concluding investigations due to political inertia. If there is change in
the ruling party the cases against ruling party are been slowed down. For
example there were lots of allegations on the ruling party in 2014 but these
cases were slowed down gradually. There are totally 6,841 cases are pending in
trail over two decades, this was stated in the annual report given by the
central vigilance commission on December, 2022.
Loss of credibility:
Due to the excessive political
interference in CBI and the delayed investigation in the trials of CBI it lost
its credibility among the public over the years and the public thinks that CBI
is in the side of the ruling party and it is a political instrument. Not only
public the highest court of India, Supreme court has issued statement like it
lost his credibility in the CBI. Chief Justice N.V. Ramana’s warning recently
that the central bureau of investigation(CBI) – often referred to as one of the
country’s premier investigation agencies- faces the risk of losing its
credibility should not come as a surprise to anyone, least of all the agency’s
bosses.
Lack of
accountability:
As the Right to information act is
not applicable in CBI, the CBI do not have to answer the questions of public,
it is not answerable and accountable for the decisions taken and the duties
performed, thus it lacks public accountability.
Acute
shortage of personnel:
There is a shortage of personnel in
CBI. Due to it lots of cases were pending. The CBI director Anil Sinha has
demanded more personnel to the agency or else the agency will collapse and
fail. He said the cases handled by CBI has been increased but there is no
enough personnel to handle it. The shortage of skilled and trained
investigators and support staff not only increases the workload on existing
employees but also leads to delays in investigations, resulting in crucial
cases being delayed, affecting the delivery of justice. To address this issue,
the government should focus on recruiting and training qualified personnel,
providing the CBI with the necessary resources to fulfill its role in
maintaining law and order and investigating high-profile cases effectively.
Limited
powers:
The powers of CBI is given by the
general consent of the state. If state did not give consent they cannot handle
the cases in the state. The state has withdrawn its general consent due to the
misuse of authority by the CBI. The states which withdrawn general consent are
Maharashtra, Punjab, Rajasthan, West Bengal, Jharkhand, Chhattisgarh, Kerala
and Mizoram. Delhi Special Police Establishment as its source of authority, the
CBI is only can handle limited cases due to its restrictions.
The Issues might relates to:
1) Cases involving workers of the
central government
2) Cases concerning monetary interests
of the central government
3) When the state government requests
CBI assistance from the central government
4) When the CBI is mandated by the
supreme court to participate in investigations
5) Cases involving multiple government
entities and having national and international repercussions
6) When the central government publishes
a notification under section 5 of the DSPE Act .[4]
Lack of
Autonomy:
The CBI depends on the Home Ministry
for staffing, as many of its investigators come from the Indian Police Service.
It also depends on the Law Ministry for lawyers and the Finance Ministry for
funds. The CBI also needs prior permission from the state government to
investigate cases in their jurisdiction, which may affect its efficiency and
impartiality.[5]
Restricted
area:
If the CBI wants to inquiry or
investigate a central government employee at the level of joint secretary or
above they need to get prior permission from the central government. The CBI
Cannot investigate in the states which withdrawn its general consent.
Conclusion:
The Central Bureau of Investigation
(CBI) in India is responsible for maintaining law and order and investigating
high-profile cases. However, the agency faces several challenges, including
political interference123, heavy workload24, shortage of qualified and trained
personnel24, and lack of modern technology and resources2. Maintaining transparency
and public trust23 remains an ongoing challenge, as the agency must demonstrate
its commitment to upholding the law while addressing these issues to function
effectively. The shortage of skilled and trained investigators and support
staff not only increases the workload on existing employees but also leads to
delays in investigations, resulting in crucial cases being delayed, affecting
the delivery of justice. To address this issue, the government should focus on
recruiting and training qualified personnel, providing the CBI with the
necessary resources to fulfill its role in maintaining law and order and
investigating high-profile cases effectively.
[2] https://m.sakshipost.com/news/national/what-type-cases-cbi-investigates-170029 (last accessed:13/10/2023)
[3] https://testbook.com/ias-preparation/central-bureau-of-investigation-cbi-upsc-notes (last visited on:13/10/2003)
Article Information
THE ROLE AND CHALLENGES OF THE CENTRAL BUREAU OF INVESTIGATION (CBI) IN INDIA’S LEGAL SYSTEM BY: Priyadharshini.M.R.
Authors: Priyadharshini.M.R.
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/10/20
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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