Mains Marathon

Approach

• Introduction: Start your answer with briefly introducing CBI, its establishment and mandate.
• Body: Discuss the various challenges faced by CBI and measures to reform.
• Conclusion: Summarize the key points and conclude.

Answer:

The Central Bureau of Investigation (CBI) is the premier investigating police agency in India, which deals with cases of corruption, economic offences, special crimes, terrorism, and international cooperation. It was established in 1963 through the Delhi Special Police Establishment Act, 1946 to uphold the rule of law, protect the public interest, and ensure justice for the victims of crime. However, the CBI faces several challenges in fulfilling its role as an effective and impartial agency.

Some of these challenges are:

• Lack of autonomy: The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946. The agency is dependent on multiple ministries for staffing, lawyers and for administrative control. The CBI also functions under the superintendence of the Central Vigilance Commission (CVC) and the Lokpal for cases under the Prevention of Corruption Act. These multiple layers of oversight and interference may compromise the efficiency of the CBI.
• Political interference: The CBI has been criticized by the Supreme Court of India for being a “caged parrot speaking in its master’s voice”, due to excessive political interference in its functioning. The CBI is often accused of being biased or influenced by the ruling party or the opposition in various cases, which affects its credibility and independence.
• Poor conviction rate: The CBI has a low conviction rate compared to other investigating agencies in India. According to a report by the CVC, the CBI’s conviction rate was 67% in 2021. Some of the reasons for this poor performance may include lack of quality evidence, procedural delays, judicial scrutiny, hostile witnesses, etc.
• Lack of transparency: The CBI is exempted from some provisions of the Right to Information Act, which limits the public’s access to information about its functioning and accountability. This may affect the credibility and trustworthiness of the agency.
• Resource constraints: The CBI faces a shortage of manpower, infrastructure, and technology to cope with the increasing workload and complexity of cases. According to a parliamentary committee report in 2018, the CBI had a vacancy of 15% in its sanctioned strength of officers and staff. The CBI also lacks adequate forensic labs, cybercrime units, training facilities, etc. to deal with emerging challenges.

Some of the measures that can be taken to reform CBI:

• Enacting a new CBI Act: A new CBI Act should be promulgated that ensures the autonomy of CBI while at the same time improving the quality of supervision. The new Act should also define the jurisdiction, powers, functions, and accountability of the CBI clearly and comprehensively.
  • Former CJI NV Ramanna suggests creating an independent umbrella body to bring agencies like CBI, SFIO, ED under one roof. It should have a clear statute defining powers, functions, and oversight.
• Reducing political interference: The CBI has been accused of being influenced by political considerations and pressures in some of its investigations. The CBI should be insulated from any political interference or influence by ensuring that its investigations are based on merit, evidence, and law.
• Ensuring financial autonomy: The CBI should be given financial autonomy to manage its own funds and resources without any external interference or influence. The CBI should also be allowed to retain a percentage of the recoveries made in corruption cases as an incentive for better performance.
• Enhancing professionalism and capacity: The CBI should be provided with adequate staff, equipment, training, and facilities to improve its professional competence and capacity. The CBI should also recruit more experts and specialists from various fields such as forensic science, cybercrime, banking, etc. to deal with emerging challenges.
• Improving transparency and accountability: The CBI is exempted from the provisions of the Right to Information Act. The CBI should be brought under the ambit of the RTI Act to enhance its transparency and public trust. The CBI should also be accountable to an independent oversight body such as a parliamentary committee or a judicial commission that can monitor its activities and address any complaints or grievances against it.
• Improving coordination and cooperation with other agencies, such as state police, vigilance commissions, enforcement directorate, etc., to ensure seamless and effective investigation. This would also require harmonizing the legal frameworks and procedures across different jurisdictions.

The CBI has a crucial role to play in combating corruption, ensuring accountability and delivering justice. However, the CBI has been facing a crisis of credibility and confidence due to various factors that have undermined its independence, professionalism and integrity. Therefore, it is imperative to reform and strengthen the CBI by addressing the causes and consequences of this crisis and by implementing the measures suggested above. This would restore the public trust and reputation of the CBI and enable it to fulfil its mandate and mission effectively and efficiently.