The Central Bureau of Investigation (CBI)-
- The Central Bureau of Investigation (CBI), functioning under Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India.
- It is the premier investigating police agency in India.
- The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946.
- The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
- Finally in 1963 it was set up by a resolution of the Ministry of Home Affairs
Composition and appointment of CBI
Composition of CBI-
- It is headed by a Director and assisted by a special director or an additional director.
Appointment of Director-
- Procedure for appointment of CBI director went through some changes over the time.
- Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946.
In 2014, the Lokpal Act provided a committee for appointment of CBI Director:
- Prime Minister- Chairperson.
- Leader of Opposition/ Leader of the single largest opposition party.
- Chief Justice of India/ a Supreme Court Judge.
Guideline of Supreme court in 2019
- The apex court in a 2019 order mandated that no officer with less than six months' tenure remaining can be considered for the post of CBI chief.
- The court also ruled that the director is to remain in office for 'not less than 2 years,' and can be transferred only with the consent of the appointing committee.
Term of office-
- The Central Vigilance Commission Act, 2003 fixed the tenure of the CBI director at 2 years.
Mission and Vision-
Mission-
- To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to Police Forces and to act as the Nodal Agency for enhancing interstate and international cooperation in law enforcement.
Vision-
- Combating corruption in public life, curb economic and violent crimes through meticulous investigation and prosecution.
- Evolve effective systems and procedures for successful investigation and prosecution of cases in various law courts.
- Help fight cyber and high technology crime.
- Create a healthy work environment that encourages team-building, free communication and mutual trust.
- Support state police organizations and law enforcement agencies in national and international cooperation particularly relating to enquiries and investigation of cases.
- Play a lead role in the war against national and transnational organized crime.
- Uphold Human Rights, protect the environment, arts, antiques and heritage of our civilization.
- Develop a scientific temper, humanism and the spirit of inquiry and reform.
- Strive for excellence and professionalism in all spheres of functioning so that the organization rises to high levels of endeavor and achievement
What is general consent?
- The CBI is governed by The Delhi Special Police Establishment (DSPE) Act, 1946, and it must mandatorily obtain the consent of the state government concerned before beginning to investigate a crime in a state.
- General consent is normally given by states to help the CBI in seamless investigation of cases of corruption against central government employees in their states.
What if any state withdraws general consent?
- In that case the CBI will not be able to register any fresh case involving officials of the central government or a private person in the state without the consent of the state government.
- CBI officers will lose all powers of a police officer as soon as they enter the state unless the state government has allowed them.
Note-
- In an order passed on October 11, 2018, Delhi High Court ruled that the CBI could probe anyone in a state that has withdrawn general consent, if the case was not registered in that state