Central Bureau of Investigation (CBI): Composition, Functions & Issues

• Context (IE): SC has used the metaphor of a “caged parrot” twice in the last decade for Central Bureau of Investigation.

• In granting bail to Delhi CM in the CBI’s Delhi liquor policy case, Justice Ujjal Bhuyan urged the agency to dispel this perception, calling for it to be seen as an “uncaged parrot.”

Central Bureau of Investigation (CBI)

• The Central Bureau of Investigation (CBI) is a non-constitutional, non-statutory body.
• It derives power to investigate from the Delhi Special Police Establishment Act, 1946.
• It is the nodal Indian agency that coordinates investigations on behalf of Interpol Member countries.
• It functions under the Department of Personnel, Ministry of Personnel, Pension and Public Grievance.

Composition of CBI

• The CBI is headed by a director.
• He is assisted by a special director or an additional director and many joint directors, deputy inspector generals (DIG), superintendents of police (SP), and all other ranks of police.

1. Appointment of CBI Director
   • Before the Lokpal Act was legislated, the CBI director was appointed by the DSPE Act.
   • Now, the Lokpal Act governs the appointment of the CBI director.
   • The Centre appoints the director based on the recommendation of a search committee comprising:
     1. Prime Minister as the chairperson
     2. CJI (or SC judge) and
     3. Leader of the Opposition.
2. Tenure
   • The director of CBI has been provided security of two-year tenure by the CVC Act, 2003.

Powers / Functions

• The Central Government can authorise CBI to investigate a crime in a state but only with the consent of the concerned State Government.
• The Central police cannot investigate or enter the state without consent since police and public order are state subjects.
• It can suo-moto investigate offenses only in the Union Territories (including Delhi).
• The SC and HCs, however, can order the CBI to investigate a crime anywhere in the country without the consent of the State.

Types of Consent

• The CBI must mandatorily obtain the consent of the concerned state government before investigating crime in a state.
  • This is provided through Section 6 of The DSPE Act (“Consent of State Government to exercise of powers and jurisdiction”).
• The consent of the state government to CBI can be either case-specific or general.
• General consent is given to help the CBI seamlessly investigate corruption cases against central government employees in the concerned state.
  • Otherwise, it would require consent in every case.
• States, including WB, Rajasthan, Kerala, and Maharashtra, have withdrawn the general consent.
  • It means the CBI needs case-specific consent to register any fresh case against a Central Government official or a private person in these states.
• Withdrawal of general consent means that the CBI will not be able to register any fresh case involving central government officials or private persons in a particular state without the prior permission of that state.

Exceptions to General Consent

• Even on withdrawal of the General Consent, the CBI will continue to investigate cases in a state registered before the withdrawal of the consent.
• CBI would have the power to investigate cases registered in other states/UTs and involve people residing in the state that has withdrawn the consent.
• Approval of the High Court and Supreme Court to investigate a case does away with the need for consent from the states.
• Approval of local courts in a state provides CBI with the power to investigate cases in the state.

Criticism of the Functioning of CBI

• Political influence: Criticised for being influenced by ruling party leaders, undermining its independence.
• Outdated Legal Framework: Inefficiencies due to the absence of a modern governing framework.
• Public Scrutiny: Criticised for handling high-profile cases poorly, leading to a loss of public trust.
• Agency's involvement in controversial cases, such as the Bofors scandal and the Coalgate scam, has raised questions about its integrity, transparency, and effectiveness.
• Credibility: In 2018, a public feud between its director and his deputy exposed corruption and bribery allegations, severely damaging the agency's credibility.

'Caged Parrot' Metaphor

• Originated from the Supreme Court's 2013 Coalgate case hearings, where Justice R M Lodha criticised the CBI for alleged political influence.
• The case stemmed from a 2012 CAG report revealing coal block allocations between 2004 and 2009 without competitive bidding, leading to a presumptive loss of ₹1.86 lakh crore.
• Following a complaint, the CVC ordered a CBI probe, and a 2013 Parliamentary report flagged unauthorised allocations from 1993 to 2008, prompting the SC to set up a special court for the cases.