CENTRAL BUREAU OF INVESTIGATION (CBI)
1. Context
Appearing for the Centre, Solicitor General (SG) Tushar Mehta told a Supreme Court bench of Justices B R Gavai and Aravind Kumar that the independent existence of the CBI “is, in fact, a product of the judgments of” the apex court, “wherein the CBI was vested with a separate legal and functional identity”
2. About the Central Bureau of Investigation (CBI)
The Central Bureau of Investigation (CBI) is the premier investigating police agency in India. It functions under Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Government of India. The CBI was established in 1941, to investigate cases of corruption in procurement during the Second World War. The Santhanam Committee on Prevention of Corruption recommended the establishment of the CBI. Under Delhi Special Police Establishment (DSPE) Act, 1946.
2.1. Organisation
- The CBI is headed by a Director, who is an IPS officer of the rank of Additional Director General of Police.
- The Director is appointed by the Government of India on the recommendation of a Collegium consisting of the Chief Justice of India, the Prime Minister of India, and the Leader of the Opposition in the Lok Sabha.
- The CBI has a headquarters in New Delhi and zonal offices in major cities across India. It also has branches in several countries around the world.
2.2. The CBI is organized into four divisions
- Anti-Corruption Division Investigates corruption cases against public servants.
- The Economic Offences Division Investigates economic offences, such as bank fraud, tax evasion, and securities scams.
- The Special Crime Division Investigates special crimes, such as murder, kidnapping, and extortion.
- Cyber Crime Division Investigates cyber crimes, such as hacking, online fraud, and child pornography.
The CBI plays a vital role in the fight against crime in India. It has a strong reputation for its professionalism and impartiality. The CBI has been credited with solving many high-profile cases. The CBI also assists the Central Vigilance Commission (CVC) and the Lokpal.
2.3. The main functions of the CBI are
- To investigate serious crimes such as corruption, murder, and terrorism.
- To coordinate investigations between different state police forces.
- To assist state governments in investigating serious crimes.
- To collect and maintain intelligence on crime.
- To train police officers in investigation techniques.
- To collaborate with international law enforcement agencies.
3. Santhanam Committee
- The Santhanam Committee was a committee appointed by the Government of India in 1962 to investigate corruption in the administration. The committee was headed by K. Santhanam, a retired Indian Civil Service officer.
- The committee submitted its report in 1963. The report was highly critical of the government's efforts to combat corruption. The report recommended several reforms, including the establishment of a central agency to investigate corruption in high places.
- The government accepted the recommendations of the Santhanam Committee. The Delhi Special Police Establishment (DSPE) was established in 1963. The DSPE was later renamed the Central Bureau of Investigation (CBI).
- The Santhanam Committee's report had a significant impact on the fight against corruption in India. The establishment of the CBI was a major step forward in the government's efforts to combat corruption.
3.1. The key recommendations of the Santhanam Committee
- The establishment of a central agency to investigate corruption in high places.
- The agency should be independent of the government.
- The agency should have the power to arrest and prosecute offenders.
- The agency should have the power to investigate any crime that is committed by a public servant or that affects the security of India.
The Santhanam Committee's report was a landmark document in the fight against corruption in India. It helped to lay the foundation for the establishment of the CBI and the strengthening of the government's anti-corruption efforts.
4. About the Delhi Special Police Establishment Act, 1946
The Delhi Special Police Establishment Act, 1946 (DSPE Act) is an act of the Indian Parliament that provides for the constitution of a special police force called the Delhi Special Police Establishment (DSPE) for the investigation of certain offences in India.
4.1. Key Provisions of the DSPE Act
- Establishes the DSPE, a special police force under the superintendence of the Central Government.
- Empower the DSPE to investigate offences notified by the Central Government.
- Grants the DSPE the powers and jurisdiction of a police force in any area of India.
- Allows the Central Government to extend the powers and jurisdiction of the DSPE to other areas of India.
4.2. Significance of the DSPE Act
- Plays a crucial role in investigating serious crimes, particularly corruption and economic offences.
- Acts as a central investigative agency, facilitating coordination between different state police forces.
- Enhances the investigative capacity of the Indian government, enabling it to address complex and high-profile cases.
The DSPE Act is a vital piece of legislation in India's fight against crime. It empowers the government to effectively investigate and prosecute serious offences, contributing to a safer and more just society.
5. The Central Vigilance Commission (CVC)
The Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.
5.1. Objectives of CVC
- To promote efficiency and integrity in the administration.
- To investigate and monitor corruption cases in central government ministries, departments, and public sector undertakings (PSUs).
- To propose remedial measures to prevent corruption.
- To advise the government on the implementation of anti-corruption policies.
- To review the effectiveness of vigilance systems in government organizations.
- To exercise superintendence over the Central Bureau of Investigation (CBI) in respect of investigation of offences under the Prevention of Corruption Act, 1988.
5.2. Functions of CVC
- To receive and examine complaints relating to corruption and misuse of power by public servants.
- To inquire or cause inquiry into any matters concerning corruption or misuse of power by public servants.
- To investigate or cause investigation into offences under the Prevention of Corruption Act, 1988.
- To advise the government on matters relating to corruption and vigilance administration.
- To examine the systems of vigilance and corruption prevention in government organizations and public sector undertakings and to recommend measures for their improvement.
- To monitor the implementation of the government's policies on corruption prevention and to evaluate their effectiveness.
- To undertake research and studies on corruption and to disseminate information and knowledge on the subject.
- To coordinate the activities of various agencies engaged in the fight against corruption.
- To collaborate with international organizations in the fight against corruption.
5.3. Powers of CVC
- To summon any person and examine him on oath.
- To require the production of any document or thing.
- To enter and inspect any premises occupied by any public servant.
- To seize any document or thing which may be relevant to any matter under inquiry.
- To arrest any person against whom a case of corruption is registered.
- To prosecute any person against whom a case of corruption is registered.
- To recommend to the government to take disciplinary action against any public servant against whom a case of corruption is registered.
6. The key differences between the CVC and the CBI
| Feature | CVC | CBI |
| Role | Monitoring and preventing corruption | Investigating corruption and other serious crimes |
| Head | Central Vigilance Commissioner | Director |
| Composition | Officers drawn from the IAS, IRS, and other central services | Officers drawn from the IPS, IRS, and other central services |
| Powers | Advisory, review | Investigative, prosecutorial |
| Relationship | Provides information to CBI, reviews CBI investigations | Investigates cases referred by CVC and other agencies |
| Independence | Independent of the government |
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For Prelims: Central Bureau of Investigation, Solicitor General, Dept. of Personnel, Ministry of Personnel, Pension & Public Grievances, Santhanam Committee, Prevention of Corruption, Delhi Special Police Establishment (DSPE) Act, 1946, Cyber Crime, Central Vigilance Commission,
For Mains:
1. Evaluate the role of the Central Vigilance Commission (CVC) in promoting transparency and integrity within government organizations in India. (250 Words)
2. Explore the challenges faced by the CBI in maintaining independence and impartiality while operating under the administrative control of the central government. (250 Words)
3. Discuss the effectiveness of the CBI in addressing corruption cases and its contribution to the anti-corruption efforts in India. (250 Words)
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Previous Year Questions
Prelims
1. "Central Bureau of Intelligence and Investigation" is listed in the __________ list given in the Seventh Schedule of the Constitution of India. (SSC CGL 2017)
A. Union B. State C. Global D. Concurrent
Answer: A
2. Consider the following statements: (UPSC 2022)
1. Attorney General of India and Solicitor General of India are the only officers of the Government who are allowed to participate in the meetings of the Parliament of India.
2. According to the Constitution of India, the Attorney General of India submits his resignation when the Government which appointed him resigns.
Which of the statements given above is/are correct?
A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2
Answer: D
3. santhanam committee was established for prevention of which social problem- (RPSC 2015)
A. dowry system B. communal riots C. aids D. corruption
Answer: D
4. The Central Vigilance Commission was established on the recommendation of which one of the following Committees? (NDA 2018)
A. Santhanam Committee B. Dinesh Goswami Committee
C. Tarkunde Committee D. Narasimham Committee
Answer: A
5. Prevention of Corruption (Amendment) Bill, 2018 amends various provisions of Prevention of Corruption Act (PCA) ______. (UPSSSC Forest Guard 2018) (UP Police SI 2021)
A. 1971 B. 1988 C. 1994 D. 2003
Answer: B
6. With reference to the ‘Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)’, consider the following statements: (2017)
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 only (d) 2 and 3 only Answer: B Mains 1. Discuss how emerging technologies and globalisation contribute to money laundering. Elaborate measures to tackle the problem of money laundering both at national and international levels. (UPSC 2021)
2. “Institutional quality is a crucial driver of economic performance”. In this context suggest reforms in the Civil Service for strengthening democracy. (UPSC 2020)
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Source: The Indian Express
