Central Bureau of Investigation (CBI): History, Functions, and Significance

Central Bureau of Investigation (CBI) is India’s premier investigative agency, responsible for probing serious crimes, corruption cases, economic offences, and organised crime. 

Established in 1963 based on the Santhanam Committee’s recommendations, the CBI operates under the Department of Personnel and Training, while corruption cases come under the supervision of the Central Vigilance Commission. Guided by its motto, “Industry, Impartiality, Integrity,” the agency plays a vital role in upholding law and order, ensuring justice, and maintaining public trust. 

With specialised divisions for anti-corruption, economic offences, and special crimes, the CBI works closely with state governments and courts, balancing investigative authority with legal frameworks to serve the nation effectively.

Central Bureau of Investigation Overview

CBI plays an important role in maintaining the integrity of public life and addressing complex criminal cases that have national or international ramifications. Its motto is "Industry, Impartiality, Integrity". 

 Historical Background of CBI

The foundation of the Central Bureau of Investigation can be traced back to the time of World War II.

• 1941: The Government of India first established the Special Police Establishment (SPE). Its primary mandate was to investigate cases of bribery and corruption in transactions involving the War and Supply Department of India.

• 1946: The SPE was formalised as a proper central government agency for investigating corruption allegations by the enactment of the Delhi Special Police Establishment (DSPE) Act, 1946. This act provides the legal framework for the CBI's functioning even today.

• 1963: The Central Bureau of Investigation (CBI) was formally established by a resolution of the Ministry of Home Affairs. It was set up following the recommendation of the Santhanam Committee on Prevention of Corruption (1962–1964).

• Transference: Later, the CBI was transferred from the Ministry of Home Affairs to the Department of Personnel, which falls under the Ministry of Personnel, Public Grievances and Pensions.

Legal Basis of the Central Bureau of Investigation (CBI)

It is important to note that the CBI is not a statutory body. Instead, it derives its investigative authority and powers from the Delhi Special Police Establishment (DSPE) Act, 1946.

• The officers of the Central Bureau of Investigation are deemed police officers within the ambit of the DSPE Act.

• The agency is exempted from the provisions of the Right to Information (RTI) Act.

Functions and Role of the CBI

The primary objective of the Central Bureau of Investigation is to uphold the law of the land through thorough investigation and successful prosecution of offences. The functions of the CBI are broadly categorised into three main divisions:

1. Anti-Corruption Division (ACD): This division handles cases against public servants under the Prevention of Corruption Act. It investigates corruption, bribery, and misconduct of central government employees.

2. Economic Offences Division (EOD): It investigates serious financial scams and major economic frauds. This includes cases related to:

• Bank frauds

• Cyber crime

• Fake Indian Currency Notes (FICN)

• Violations of fiscal and economic laws like Import/Export Control and Foreign Exchange Regulations.

3. Special Crimes Division (SCD): This division handles cases of conventional crime that have national or international ramifications, or high-profile cases referred by state governments or courts. This includes crimes like murders and kidnapping committed by organised gangs.

4. International Coordination: The CBI serves as India's officially designated single point of contact (National Central Bureau) to act as a liaison with Interpol. It coordinates investigations on behalf of Interpol member countries and Indian law enforcement agencies.

Structure and Organisation of the CBI

The Central Bureau of Investigation is headed by a Director. The hierarchy within the organisation includes:

• Director: Head of the organisation, typically an Indian Police Service (IPS) officer with the rank of Director General of Police (DGP).

• Supporting Officers: The structure includes a Special Director, Additional Director, Joint Directors, Deputy Inspector General of Police, and others.

• Other Staff: Inspectors, Sub-Inspectors, and Constables are recruited through the Staff Selection Commission (SSC) or on deputation from other departments like Police, Income Tax, and Customs.

Appointment of the CBI Director

The procedure for the appointment of the Director of the Central Bureau of Investigation has been reformed over time.

• The Director is appointed by the Union Government on the recommendation of a high-powered committee.

• As per the Lokpal Act, 2014, the committee for selection and recommendation consists of the following three members:

1. The Prime Minister (as Chairperson).

2. The Leader of Opposition in the Lok Sabha (or the leader of the single largest opposition party).

3. The Chief Justice of India (CJI) or a Supreme Court Judge nominated by the CJI.

• Tenure: The CBI Director is provided with a security of a minimum two-year tenure, as per the CVC Act, 2003. This tenure can be renewed for up to one year at a time, with a total service period of up to five years, by the Appointment Committee.

Jurisdiction and Limitations of the CBI

The investigative jurisdiction of the Central Bureau of Investigation is constrained by the federal structure of India's policing system.

 Controversies and Challenges Faced by the CBI

Despite its critical role, the Central Bureau of Investigation has faced significant criticism regarding its autonomy and functioning.

• "Caged Parrot": In a highly critical observation, the Supreme Court of India once described the CBI as a "caged parrot" speaking its "master's voice". This comment highlighted the issue of political interference in its operations.

• Political Interference: The agency has often been accused of being used by the Union Government as a tool to unfairly target political rivals, which diminishes its impartiality and credibility.

• Limited Powers: The requirement for State Government consent under the DSPE Act limits the agency's ability to swiftly and uniformly investigate crimes across the country. Many states have, at different times, withdrawn general consent for the CBI to investigate in their territory.

• Internal Issues: Concerns about corruption, nepotism, and manipulation of investigations by its own officials have been raised by former members of the agency.