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Interim appointment of CBI Director
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- The story: The Supreme Court has reminded the government in April 2021 that interim appointments to the post of CBI (Central Bureau of Investigation) Director cannot continue. This was in response to a petition filed in the Court, objecting to the appointment of interim CBI Director following the retirement of the regular CBI director.
- Points to note: The petition urged the SC to note that the government had failed to appoint a regular Director through the high-power selection committee of the Prime Minister, Chief Justice of India and Leader of Opposition. An interim appointment through an executive order was not envisaged in the statutory scheme of the 1946 Act (Delhi Special Police Establishment Act of 1946). It urged the court to direct the introduction of a mechanism to ensure that the process of selection of CBI Director is completed one or two months in advance of the retirement of the incumbent.
- The petitioner referred to the case of Anjali Bhardwaj v. Union of India (2019) - related to vacancies at Central Information Commission and State Information Commissions.
- The Supreme Court had held that “it would be apposite that the process for filling up of a particular vacancy is initiated 1 to 2 months before the date on which the vacancy is likely to occur so that there is not much time-lag between the occurrence of vacancy and filling up of the said vacancy."
- Central Bureau of Investigation (CBI): It was set up in 1963 by a resolution of the Ministry of Home Affairs. Now it 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). It is not a statutory body but derives its powers from the Delhi Special Police Establishment Act, 1946. It is the main investigating agency of the Central Government, and provides assistance to the Central Vigilance Commission and Lokpal. It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.
- Functioning of CBI:
- Legal problems - Lack of clearly demarcated spheres of functioning and overlapping areas of influence severely comprises both the integrity and efficacy of the institution. Under the Delhi Special Police Establishment Act 1946, for conduct or continuance of investigation into offences committed within the territory of a state, consent of the state is crucial.
- Poor HR planning - Shortages of officers at the CBI may hamper quality of investigations and increase pendency, a Parliamentary panel said in the year 2020. The panel observed that 789 posts in executive ranks, 77 posts of law officers and 415 posts of technical officers and staff were lying vacant.
- Lack of investments - Inadequate investment in personnel, training, equipment or other support structures, adversely hampers professional discharge of duties. High quality research and training are crucial for maintaining an effective modern police force imparting it with the operational ability to meaningfully respond to ever changing societal needs.
- Accountability - In the past few decades massive strides have been made in imbibing traits of transparency and accountability into public life and institutions. Of equal importance is the need to maintain morale of the force by enforcing stringent internal accountability.
- Political and administrative interference - Given that the superintendence and control of the agency continues to, in large measure, lie with the executive by virtue of Section 4 of the Delhi Special Police Establishment Act 1946, the possibility of it being used as a political instrument remains ever present.
- Summary: There is a need to ensure that CBI operates under a formal, modern legal framework that has been written for a contemporary investigative agency. A new CBI Act should be promulgated that ensures the autonomy of CBI while at the same time improving the quality of supervision. There is also a need to administratively protect CBI from political interference. For this to happen, the new Act must specify criminal culpability for government interference.
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