The recent filing of a writ petition in the Supreme Court has ignited discussion on the process of appointing the Central Bureau of Investigation (CBI) Director. The appointment is governed by section 4A of the Delhi Special Police Establishment Act of 1946.
The Role of the CBI Director
At the head of the CBI is a Director, who functions similarly to the Inspector General of Police for the Delhi Special Police Establishment. The Director is accountable for the administration of the organization.
Since the introduction of the CVC Act in 2003, supervision of Delhi Special Police Establishment investigations under the Prevention of Corruption Act, 1988, has shifted from the CBI Director to the Central Government and the Central Vigilance Commission. However, the Director of the CBI still retains security for a tenure of two years in office as per the CVC Act.
Appointment Process
Amendments to the Delhi Special Police Establishment Act in the Lokpal and Lokayuktas Act of 2013 changed the process of appointing the CBI Director. The Director is now appointed by the Central Government based on a recommendation from a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and the Chief Justice of India or a nominated Supreme Court Judge.
However, the Delhi Special Police Establishment (Amendment) Act in 2014 introduced a modification in the committee structure. If there is no recognized leader of opposition in the Lok Sabha, the leader of the largest single opposition party takes their place as a committee member.
Introduction and Role of the Central Bureau of Investigation (CBI)
Formed in 1963 following a resolution passed by the Ministry of Home Affairs, the CBI operates under the administrative guidance of the Department of Personnel and Training (DoPT) under the Ministry of Personnel, Public Grievances, and Pensions. The creation of the CBI was suggested by the Santhanam Committee on the Prevention of Corruption (1962–1964).
Interestingly, the CBI is not a statutory body and its powers are derived from the Delhi Special Police Establishment Act, 1946. As the primary investigating agency of the Central Government, the CBI offers support to the Central Vigilance Commission and Lokpal, and also acts as the core police agency in India, conducting investigations on behalf of Interpol Member countries.
Challenges and Recommendations
Rather than appointing a permanent director, the government recently placed an interim CBI Director via an executive order—an arrangement not provided for in the original 1946 Act.
This points to the recommendation that the topmost investigative agency should be independent of Executive or political influence. The Supreme Court has previously attempted to boost the functional autonomy of the CBI and curb the degree of executive discretion regarding this crucial appointment.
There is also a need for a mechanism to ensure the selection process of the CBI Director is concluded one or two months prior to the retirement of the incumbent.
