Image Source May 26, 2021 11:51 IST · 2 min read
The Central Bureau of Investigation (CBI) is the premier investigating agency of India.
It operates under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions(India), GoI - which falls under the prime minister's office (PMO).
However for investigations of offences under the Prevention of Corruption Act, 1988, its superintendence vests with the Central Vigilance Commission (CVC).
It was originally set up in 1941 as Special Police Establishment (SPE), to investigate bribery and governmental corruption in the World War II related procurements.
Later, it was formalized as an agency of the GoI to investigate into allegations of corruption in various wings of the GoI by enacting the Delhi Special Police Establishment (DSPE) Act, 1946.
In 1965 its jurisdiction was expanded to investigate serious crimes related to defence of India, corruption in high places, serious fraud, cheating and embezzlement and social crime, hoarding, black-marketing and profiteering and international cases.
As on date, the CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC.
The agency has been known to investigate several economic crimes, special crimes, cases of corruption and other cases.
CBI is exempted from the provisions of the Right to Information Act (RTI).
CBI is India's officially designated single point of contact for liaison with the Interpol.
The CBI headquarter is located in CGO Complex, near Jawaharlal Nehru Stadium in New Delhi.
CBI derives power to investigate from the Delhi Special Police Establishment Act, 1946.
Director of CBI
Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946. According to the DSPE Act, the Centre shall appoint the CBI Director on the recommendation of a panel consisting of the Central Vigilance Commissioner as Chairperson and Vigilance Commissioners, Home Secretary and Secretary (Co-ordination and Public Grievances the Cabinet Secretariat) as members.
In 2003, DSPE Act was revised on Supreme Court's recommendation in the Vineet Narain case.
In 2014, the Lokpal Act provided a committee for appointment of CBI Director:
According to the the Lokpal and Lokayuktas Act, 2013, the CBI chief has to be appointed by the Central government on the basis of recommendation of the selection committee headed by the Prime Minister, comprising the Leader of Opposition (LoP) and the Chief Justice of India or a Supreme Court judge nominated by him as members.
Home Ministry sends a list of eligible candidates to DoPT. Then, the DoPT prepares the final list on basis of seniority, integrity, and experience in the investigation of anti-corruption cases, and sends it to the committee.
Director of CBI has been provided security of two year tenure, by the CVC Act, 2003. He/she may not be transferred except with the previous consent of the high-level committee.
"General Consent" to CBI
Unlike the National Investigation Agency (NIA), which is governed by its own NIA Act, 2008 and has jurisdiction across the country, the CBI is governed by the Delhi Special Police Establishment Act, 1946 (DSPE Act, 1946) that makes consent of a state government mandatory for conducting investigation in that state.Read More: "General Consent" to CBI