The recent appointment of Subodh Kumar Jaiswal as the new Director of the Central Bureau of Investigation (CBI) by the Central Government has brought attention to the role and structure of the CBI. This key institution of India’s governance was set up in 1963 and now operates under the administrative control of the Department of Personnel and Training of the Ministry of Personnel, Public Grievances, and Pensions.
Understanding the Central Bureau of Investigation (CBI)
Originally established upon the recommendation of the Santhanam Committee on Prevention of Corruption between 1962 and 1964, the CBI has been a crucial part of India’s anti-corruption framework. Interestingly, it is not a statutory body but derives its powers from the Delhi Special Police Establishment Act of 1946.
As the main investigating agency of the Central Government, the CBI’s mandate includes providing assistance to the Central Vigilance Commission and Lokpal. It plays a crucial role as the nodal police agency in India for coordinating investigations on behalf of Interpol Member countries. The jurisdiction of CBI extends to offences pertaining to 69 Central laws, 18 State Acts, and 231 offences in the Indian Penal Code.
Appointment and Tenure of the CBI Director
The Director of CBI, acting as Inspector General of Police for Delhi Special Police Establishment, is entrusted with the administrative responsibilities of the organization. The appointment of this key position undergoes a rigorous process involving some of the highest authorities in the country.
As per the Lokpal and Lokayuktas Act (2013), which amended the founding Act of 1946, the Director of CBI is chosen by a three-member committee. This committee is composed of the Prime Minister, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India (or a Supreme Court Judge nominated by him). An update to this process was made by the Delhi Special Police Establishment (Amendment) Act, 2014, allowing the leader of the single largest opposition party in the Lok Sabha to be a committee member in absence of a recognized leader of opposition.
The tenure of the director was secured by the Central Vigilance Commission (CVC) Act, 2003, ensuring they serve for a minimum of two years.
Important Supreme Court Rulings on CBI Director
The appointment and tenure of the CBI Director have been further refined by several Supreme Court rulings. A significant one in March 2019 established a six-month minimum residual tenure rule, specifying that no officer with less than six months’ tenure remaining can be considered for the post.
Additionally, the landmark Prakash Singh case in 2006 emphasized that the appointment of directors should be strictly merit-based, ensuring the role is not influenced by external pressures. Similarly, the Vineet Narain judgment in 1998 set the precedent that the Director of CBI must hold the position for at least two years and cannot be transferred without consent from a high-level committee.
Another noteworthy ruling by the Supreme Court in the Union of India versus C. Dinakar case in 2001 opined that ordinarily, IPS officers belonging to the senior-most four batches in service on the date of retirement of the CBI Director shall be eligible for consideration for appointment to the director’s post.