CENTRAL BUREAU OF INVESTIGATION (CBI)
Polity
Context
• Premier investigating agency of India with national and international importance.
• Established in 1963 by an executive resolution of the Ministry of Home Affairs.
• Origin: Special Police Establishment (1941) formed to investigate corruption in War & Supply Department; later merged into CBI.
• CBI is NOT a constitutional body and NOT a statutory body by itself; however, its investigative powers derive from the Delhi Special Police Establishment Act (DSPE), 1946.
• Operates under Ministry of Personnel, Public Grievances & Pensions.
• Recommended by Santhanam Committee on Prevention of Corruption.
• India’s designated liaison point for INTERPOL.
• Exempted from RTI Act under Section 24.
Composition
• Head: Director of CBI (IPS officer of DG rank)
– Secured 2-year minimum tenure under CVC Act, 2003.
• Appointment Committee (as per Lokpal Act, 2013):
– Prime Minister – Chairperson
– Leader of Opposition (or largest opposition party leader) – Member
– Chief Justice of India or his nominee – Member
Directorate of Prosecution
• Headed by Director of Prosecution.
• Appointed by Central Government based on recommendation of CVC.
• Tenure: 2 years.
Appointment of Senior Officers
• Officers of rank SP and above appointed by Central Government on recommendation of a committee chaired by CVC.
Functions of CBI
1. Anti-Corruption Functions
• Investigates corruption, bribery, misuse of office involving Central Government employees.
• Coordinates with CVC and Lokpal.
2. Economic Offences
• Violations of fiscal, customs, excise, foreign exchange, banking laws.
• Major financial frauds, scams, black money cases.
3. Special Crimes
• Serious criminal cases having national/international ramifications:
– Murder, terrorism, organized crime, kidnapping, cybercrime, narcotics trafficking.
4. Support Functions
• Maintains national crime statistics, research, and criminal intelligence.
• Coordinates with state police forces and international agencies.
5. Cases Taken up on Request
• Investigates any case referred by:
– State Government (with general or specific consent)
– High Courts / Supreme Court orders
– Central Government
Consent of States for CBI Investigation
Two Types:
1. General Consent
• Normally given by states to allow CBI to investigate without seeking permission each time.
• Enables seamless functioning.
2. Specific Consent
• Required in states that withdrew general consent.
• CBI must seek permission for each case.
Withdrawal of General Consent
• Several states such as Andhra Pradesh, West Bengal, Maharashtra etc. have withdrawn general consent in recent years.
• Without consent, CBI officers lose police powers in that state unless permitted by courts.
Supreme Court’s Position
• 2010 Constitutional Bench ruling:
– SC/HC can order CBI investigation even without state consent.
– Courts act as protectors of fundamental rights (Article 21).
• 2021 SC in “CBI vs CBI” case:
– Director of CBI cannot be removed or sent on leave by Central Government alone.
– Needs approval of the same high-powered committee that appoints him.
Prior Approval Provision (for senior officers)
• Earlier, CBI required prior approval to investigate officers of Joint Secretary rank and above.
• SC (2014) struck down this provision as unconstitutional (violates Article 14).
CBI vs. State Police
Special Police Establishment (SPE) division of CBI has concurrent powers with state police only when:
• State gives consent (general or specific).
• CBI handles central-level cases; state police handles state-level crimes.
• CBI can take up cases involving central employees even if state employees are involved.
Jurisdiction Overlaps
• CBI cannot register suo motu cases in states without consent.
• For UTs, consent is not required.
Criticism & Controversies
• “Caged Parrot” Remark (2013):
– Justice R.M. Lodha criticized CBI for functioning under political influence.
• High-profile interference allegations:
– Bofors scandal (Quattrocchi bank accounts unfrozen quietly).
– Hawala scandal (payments to politicians).
– Frequent government interference in transfers and postings.
• Structural Weaknesses:
– Dependent on Central Government for finances and staffing.
– No autonomous status unlike Election Commission or CAG.
• Public credibility issues due to:
– Delays in investigation.
– Dropping or weakening of cases against political figures.
Training Institute
• CBI Academy located in Ghaziabad, Uttar Pradesh.
• Fully operational since 1996; trains officers in investigation, forensics, cybercrime, interrogation etc.
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Subject: Polity
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