In recent news, Chief Justice of India (CJI), N.V. Ramana, highlighted the Central Bureau of Investigation (CBI) for being under deep public scrutiny. The CBI’s actions, or lack thereof, have sparked questions about its credibility. As part of efforts to reform law enforcement agencies, the CJI proposed an independent, autonomous investigative agency as a solution.
The CBI, established in 1963, is India’s primary investigative agency of the Central Government. Set up through a resolution from the Ministry of Home Affairs, it now falls under the administrative control of the Department of Personnel and Training (DoPT) within the Ministry of Personnel, Public Grievances and Pensions. The agency derives its power to investigate from the Delhi Special Police Establishment Act of 1946. It works closely with the Central Vigilance Commission and the Lokpal, and serves as India’s liaison with Interpol.
Facing the Challenges: CBI Under Scrutiny
The CBI has faced numerous challenges throughout its existence. Perhaps the most significant problem is political interference. This issue has led the Supreme Court of India to criticize the agency as being a “caged parrot speaking in its master’s voice.” The government often uses the CBI for its purposes, such as covering up misconduct, managing coalition allies, and keeping opposition in check.
Other factors further complicate the effectiveness of the CBI. These include multiple agencies investigating a single incident, leading to diluted evidence and contradicting testimonies; an acute shortage of personnel due to mismanaged recruitment policies; limited powers and jurisdiction causing constraints in investigations; and restricted access requiring prior approval from the Central Government for investigations involving central employees.
Improving Law Enforcement: A New Vision for Future
Improving law enforcement requires several strategic steps. Firstly, CJI N.V Ramana suggested creating an independent institution to house agencies like the CBI, Enforcement Directorate, and Serious Fraud Investigation Office. He recommended that a committee similar to the one appointing the CBI Director should choose the head of this new organization.
In addition, separate wings for prosecution and investigation could enhance independence. A potential check and balance mechanism would be an annual performance audit by the appointing committee.
State and Central Coordination: A Harmonious Relationship
For effective law enforcement, a harmonious relationship between state and central institutions is crucial. States agencies must be equipped to handle challenges in investigations, given that police and public order primarily fall under the State list.
Gender Parity and Social Legitimacy: Need of the Hour
There’s also a need for gender parity in the criminal justice system, along with reclaiming social legitimacy and public trust. Breaking the nexus with the political executive is a critical first step towards these goals.
Reforming the Criminal Justice System
Finally, the country needs extensive reforms in the criminal justice system. These include implementing long overdue police reforms and addressing the massive backlog of cases.
