The Central Bureau of Investigation, and CBI v. CBI

In one line

India's principal anti-corruption investigating agency has no statute of its own, operates under a police statute of 1946, needs a State's consent to work in it, and in 2018 its two senior officers accused each other of corruption in public.

In the wording a student can write in an exam: the Central Bureau of Investigation functions under the Delhi Special Police Establishment Act 1946; section 4(1) vests the superintendence of the Establishment, so far as it relates to the investigation of offences under the Prevention of Corruption Act 1988, in the Central Vigilance Commission, and in all other matters in the Central Government; section 4A provides for the appointment of the Director on the recommendation of a Committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India or a Judge nominated by him; and section 4B gives the Director a tenure of not less than two years and provides that he shall not be transferred except with the previous consent of that Committee.

The statutory scheme

Section 2 constitutes the special police establishment for the investigation in a Union territory of offences notified under section 3.

Section 3 provides for the Central Government to specify the offences to be investigated.

Section 4(1) vests superintendence, so far as it relates to the investigation of offences under the Prevention of Corruption Act 1988, in the Commission; section 4(2) vests superintendence in all other matters in the Central Government; and section 4(3) vests administration in the Director.

Section 4A, the Committee for the appointment of the Director: the Prime Minister as Chairperson, the Leader of the Opposition recognised as such in the House of the People or, where there is none, the Leader of the single largest opposition party in that House, and the Chief Justice of India or a Judge of the Supreme Court nominated by him. No appointment is invalid merely by reason of a vacancy or absence of a member. The Committee recommends a panel chosen from officers of the Indian Police Service on the basis of seniority, integrity and experience in the investigation of anti-corruption cases.

Section 4B, terms of service: the Director shall continue to hold office for not less than two years, extendable in the public interest on the Committee's recommendation for reasons recorded in writing by up to one year at a time and not beyond five years in total; and he shall not be transferred except with the previous consent of the Committee.

Section 4BA creates a Directorate of Prosecution headed by a Director appointed by the Central Government on the recommendation of the Central Vigilance Commission, with a tenure of not less than two years.