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APPOINTMENT OF NEW DIRECTOR OF CBI

Diksha Sharma May 31, 2021 10 MINUTES

APPOINTMENT OF NEW DIRECTOR OF CBI

Recently, the Central Government has appointed ‘Subodh Kumar Jaiswal’ as a new Director of the Central Bureau of Investigation (CBI). The Director of the CBI is appointed as per section 4A of the Delhi Special Police Establishment Act of 1946.

ABOUT THE CENTRAL BUREAU OF INVESTIGATION (CBI)

The CBI was set up in 1963 by a resolution of the Ministry of Home Affairs. Now, the CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964). The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946. The CBI is the main investigating agency of the Central Government. It also provides assistance to the Central Vigilance Commission and Lokpal. It is also the nodal police agency in India which coordinates investigations on behalf of Interpol Member countries. The CBI is headed by a Director. The CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC.

APPOINTMENT OF CBI DIRECTOR

APPOINTMENT OF NEW DIRECTOR OF CBI

The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to appointment of the Director of CBI:

Appointment Committee: The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him. The Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of CBI. It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.

Tenure of Director: The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

SC Rulings Related to CBI Director: The six-month minimum residual tenure rule was introduced by the Supreme Court in a March 2019 order. No officer with less than six months' tenure remaining can be considered for the post of chief. Though the order in the Prakash Singh case pertained to the appointment of DGPs, it was extended to CBI Director too. In the Prakash Singh case, 2006 the SC had stressed the point that appointment of DGPs “should be purely on the basis of merit and to insulate the office from all kinds of influences and pressures”. The Director of CBI is to hold the post for not less than two years as held by the Vineet Narain judgment of 1998. He/she may not be transferred except with the previous consent of the high-level committee.

The SC in Union of India versus C. Dinakar, 2001 case has held that “ordinarily IPS officers of the senior most four batches in service on the date of retirement of CBI Director, irrespective of their empanelment, shall be eligible for consideration for appointment to the post of CBI Director”.

DELHI SPECIAL POLICE ESTABLISHMENT ACT

The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI's power to investigate cases is derived from this Act.

CASES MAJORLY HANDLED BY CBI

APPOINTMENT OF NEW DIRECTOR OF CBI

Anti-Corruption Crimes - for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India.

Economic Crimes - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc.

Special Crimes - for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts - such as cases of terrorism, bomb blasts, kidnapping for ransom and crimes committed by the mafia/the 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 Government. The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State.

CONCLUSION

Delink the CBI from the administrative control of the government - As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely. Providing statutory status through legislation equivalent to that provided to the Comptroller & Auditor General and the Election Commission will help maintain the independence of the institution.

TEST YOURSELF

Q.1 Recently, which of the following has been appointed as the new director of the Central Bureau of Investigation (CBI) by the central government?

Rakesh Asthana
Hitesh Chandra Awasthi
Hemant Nagrale
Subodh Kumar Jaiswal: ANSWER

Q.2 Consider the given statements & state which of the following is/are correct in the reference to Central Bureau of Investigation (CBI)?

CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Home Affairs.
The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation
The establishment of the Central Bureau of Investigation (CBI) recommended by the Athreya Committee on Prevention of Corruption (1962–1964).

Only II follows: ANSWER
I & III follows
II & III follows
None of the above

Q.3 Which of the following appoints the director of the Central Bureau of Investigation?

President of India
Prime Minister of India
Committee constituted under the chairmanship of Central Vigilance Commissioner: ANSWER
Committee constituted under the chairmanship of the Home Minister

Q.4 Which of the following given statements is/are correct in the context of the role & cases handled by CBI?

Investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations
Investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds.
Investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.

I & III follows
II & III follows
I, II & III follows: ANSWER
None of the following

Q.5 Consider the given options & state which of the following branches does not belong to the Central Bureau of Investigation (CBI)?

Anti Corruption Branch
Economic Offense Branch
Forensic Science
Meteorology Branch

1 Comment

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February 9, 2024

APPOINTMENT OF NEW DIRECTOR OF CBI Recently, the Central Government has appointed ‘Subodh Kumar Jaiswal’ as a new Director of the Central Bureau of Investigation (CBI). The Director of the CBI is appointed as per section 4A of the Delhi Special Police Establishment Act of 1946. ABOUT THE CENTRAL BUREAU OF INVESTIGATION (CBI) The CBI was set up in 1963 by a resolution of the Ministry of Home Affairs. Now, the CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions. The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964). The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946. The CBI is the main investigating agency of the Central Government. It also provides assistance to the Central Vigilance Commission and Lokpal. It is also the nodal police agency in India which coordinates investigations on behalf of Interpol Member countries. The CBI is headed by a Director. The CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC. APPOINTMENT OF CBI DIRECTOR The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to appointment of the Director of CBI: Appointment Committee: The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him. The Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of CBI. It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee. Tenure of Director: The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003. SC Rulings Related to CBI Director: The six-month minimum residual tenure rule was introduced by the Supreme Court in a March 2019 order. No officer with less than six months' tenure remaining can be considered for the post of chief. Though the order in the Prakash Singh case pertained to the appointment of DGPs, it was extended to CBI Director too. In the Prakash Singh case, 2006 the SC had stressed the point that appointment of DGPs “should be purely on the basis of merit and to insulate the office from all kinds of influences and pressures”. The Director of CBI is to hold the post for not less than two years as held by the Vineet Narain judgment of 1998. He/she may not be transferred except with the previous consent of the high-level committee. The SC in Union of India versus C. Dinakar, 2001 case has held that “ordinarily IPS officers of the senior most four batches in service on the date of retirement of CBI Director, irrespective of their empanelment, shall be eligible for consideration for appointment to the post of CBI Director”. DELHI SPECIAL POLICE ESTABLISHMENT ACT The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. Of India during World War II. Even after the end of the War, the need for a Central Government agency to investigate cases of bribery and corruption by Central Government employees was felt. The Delhi Special Police Establishment Act was therefore brought into force in 1946. The CBI's power to investigate cases is derived from this Act. CASES MAJORLY HANDLED BY CBI Anti-Corruption Crimes - for investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations or Bodies owned or controlled by the Government of India. Economic Crimes - for investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds, Import Export & Foreign Exchange violations, large-scale smuggling of narcotics, antiques, cultural property and smuggling of other contraband items etc. Special Crimes - for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts - such as cases of terrorism, bomb blasts, kidnapping for ransom and crimes committed by the mafia/the 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 Government. The Supreme Court and High Courts, however, can order CBI to investigate a crime anywhere in the country without the consent of the State. CONCLUSION Delink the CBI from the administrative control of the government - As long as the government of the day has the power to transfer and post officials of its choice in the CBI, the investigating agency will not enjoy autonomy and will be unable to investigate cases freely. Providing statutory status through legislation equivalent to that provided to the Comptroller & Auditor General and the Election Commission will help maintain the independence of the institution. TEST YOURSELF Q.1 Recently, which of the following has been appointed as the new director of the Central Bureau of Investigation (CBI) by the central government? Rakesh Asthana Hitesh Chandra Awasthi Hemant Nagrale Subodh Kumar Jaiswal: ANSWER Q.2 Consider the given statements & state which of the following is/are correct in the reference to Central Bureau of Investigation (CBI)? CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Home Affairs. The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation The establishment of the Central Bureau of Investigation (CBI) recommended by the Athreya Committee on Prevention of Corruption (1962–1964). Only II follows: ANSWER I & III follows II & III follows None of the above Q.3 Which of the following appoints the director of the Central Bureau of Investigation? President of India Prime Minister of India Committee constituted under the chairmanship of Central Vigilance Commissioner: ANSWER Committee constituted under the chairmanship of the Home Minister Q.4 Which of the following given statements is/are correct in the context of the role & cases handled by CBI? Investigation of cases under the Prevention of Corruption Act against Public officials and the employees of Central Government, Public Sector Undertakings, Corporations Investigation of major financial scams and serious economic frauds, including crimes relating to Fake Indian Currency Notes, Bank Frauds and Cyber Crime, bank frauds. Investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts. I & III follows II & III follows I, II & III follows: ANSWER None of the following Q.5 Consider the given options & state which of the following branches does not belong to the Central Bureau of Investigation (CBI)? Anti Corruption Branch Economic Offense Branch Forensic Science Meteorology Branch jrjyejpb http://www.gza4i96v8n6wq894xh8eg4314ae61e6hs.org/ <a href="http://www.gza4i96v8n6wq894xh8eg4314ae61e6hs.org/">ajrjyejpb</a> [url=http://www.gza4i96v8n6wq894xh8eg4314ae61e6hs.org/]ujrjyejpb[/url]

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