CBI Autonomy And CVC Issues In News- Indian Polity Notes For UPSC Exam!

The Centre told the Supreme Court that CBI is an autonomous body and it does not have any “control” over the investigative agency. CBIs Jurisdiction has been challenged by West Bengal to register FIRs and conduct investigations in the myriad cases of the State. CBI has also been called a ‘caged parrot’ by the Supreme Court and High Court. An ordinance has been passed that increased the tenure of directors of CBI and ED from two to five years (up to one year at a time). This topic is important from the Perspective of the UPSC IAS Examination which falls under General Studies Paper 2 and particularly in the Indian Polity Section. In this article, we shall discuss the CBI and CVC, background, power and functions of CBI and CVC, autonomy, problems, jurisdiction, limitations, and conclusion.

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Background of the CBI Autonomy and CVC Issue

Presently the crisis started when the central government digested the power of the director of CBI Alok Verma and appointed Nageshwar Rao to take the position of interim chief of CBI. The Central Vigilance Commission CVC was ordered by the Supreme Court of India to complete its inquiry against CBI director Alok Verma. Under the Supervision of Former Apex Court Judge, Justice A.K. Patnaik, the CVC investigation will be conducted.

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What is the Central Bureau of Investigation?

The Central Bureau of Investigation (CBI) was established in 1963 by a resolution of the Ministry of Home Affairs. Later on, it was transferred to the Ministry of Personnel and presently, it enjoys the status of an attached office. The Special Police Establishment which looked into the cases of vigilance established in 1941 and was also merged with the CBI. The CBI establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962 to 1964). CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act of 1946. It is the main investigating agency of the Central Government. CBI is headed by a director who is assisted by a special director or an additional director. It has a number of joint directors, superintendents of police, Deputy Inspector generals, and all other usual ranks of police personnel.

Powers and Functions of CBI

The power and function of the CBI are given as follows:

• It investigates cases of corruption, bribery, and misbehavior of Central Government employees.
• It investigates cases that are related to the infringement of fiscal and economic laws, that is, breach of laws concerning export and import control, customs and central excise, foreign exchange regulations, and income tax. 
• It investigates serious crime having national and international ramifications which is committed by organized gangs of professional criminals.
• Coordinate the activities of the anti-corruption agencies and the various state police forces.
• Helps in maintaining crime statistics and simulating criminal information.

Read the Full Article about the Central Bureau of Investigation here!

What is the Central Vigilance Commission (CVC)?

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central Government. CVC was established in 1964 by an executive resolution of the Central Government. Its establishment was recommended by the Santhanam Committee on Prevention of Corruption. It is a multi-member body consisting of a Central Vigilance Commissioner who is the chairperson and not more than two Vigilance Commissioners. They are appointed by the President by warrant under his hand and sealed on the recommendation of a three-member committee composed of the Prime Minister as its head, the Union Minister of Home Affairs, and the Leader of the opposition in the Lok Sabha. They hold office for 4 years until they attain 65 years of age. The president can remove the central Vigilance Commissioner. It is conceived to be the apex vigilance constitution, free of control from any executive authority and monitoring all the Vigilance activity under the central government and advising various authorities in the Central Government Organisation in executing, planning, reviewing, and reform in the Vigilance work.

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Powers and Functions of CVC

The power and function of the Central Vigilance Commission (CVC) are given as follows:

• CVC reviews the progress of the Investigation which is conducted by the Delhi Special Police establishment into offenses alleged to have been committed under the Prevention of Corruption Act of 1988.
• It exercises superintendence over the Vigilance administration in the ministries of the central government or their authorities.
• In making rules and regulations governing the Vigilance and disciplinary matters relating to the members of Central Services and All India Services, the Central Government is required to consult the CVC.
• Under the Prevention of Corruption Act of 1988, it reviews the progress of applications pending with the competent authority for sanction of prosecution.

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Autonomy of CBI

The Supreme Court raised the question of the CBI’s independence in the Coalgate Scam case. The Centre was asked by the Supreme Court to make the CBI impartial. It is also said that the center makes sure that the CBI functions free from all external pressures. The Supreme Court in the Vineet Narain case of 1997 agreed that the CBI, an investigative agency, failed in its responsibility to investigate or enquire about the allegations of Public Corruption. The Supreme Court laid down guidelines to ensure the autonomy and independence of the CBI and ordered that it will be placed under the supervision of the CVC Central Vigilance Commission which is an independent Government Agency free from any interference or executive control.

The following directions were given by the Supreme Court of India:

• Central Vigilance Commission (CVC) should be given statutory status and should be trusted with the responsibility to supervise the work of the CBI ensuring its impartiality and efficiency.
• The CBI activities report should be submitted in 3 months.
• A directorate of prosecution should be set up.
• For dealing with the emerging political-criminal bureaucratic nexus a nodal agency should be set up.
• The Central Vigilance commission’s (CVC) head would be selected by a team of the prime minister, home minister, and leader of the opposition in Parliament from the board of eminent people. The director of CBI would be appointed for a minimum tenure of 2 years by A committee which will be headed by the CVC including the secretary personnel and the union home secretary.

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Problems Associated with CBI

The problems associated with the autonomy of CBI are given as follows:

• CBI is dependent on the home ministry for staffing as many of the investigators come from the Indian Police Service (IPS).
• The CBI depends on the Law Ministry for lawyers. It lacks functional autonomy to some extent.
• CBI depends on the state government for invoking its authority to enquire the cases in a state when such investigation targets the Central government employee.
• CBI is run by IPS officers on deputation which is susceptible to the government’s ability to manipulate the senior officers as they are dependent on the central government for their future posting.
• CBI acts according to the Code of Criminal Procedure (CrPC) which makes it an agency of police.
• CBI needs the permission of the state government before making its presence in that state.

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Bureaucratic-Political Manipulations

Central Vigilance Commission (CVC) powers of superintendence on the CBI called by the apex court were diluted to maintain ” dual government” by the CVC and Government.

• No steps were taken to follow the direction of the Apex court to certify impartiality and efficiency on the part of the CBI.
• A document on the function of CBI had to be submitted within three months as the Supreme Court recommended but it was ignored.
• Its direction to set up an independent directorate of prosecution and a nodal agency to deal with political bureaucratic criminal nexus was ignored.

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Political Crossfire

No political insularity exists which leads to succumbing to political pressures. The control over CBI keeps drifting from one ministry to another which leads to a void filled with instability. Much political interference leads to suffocation, lending, and able personnel working with full integrity and fearlessly blunt.

Poor Leadership & Personnel

Poor leadership results in a roadblock to a lack of professionalism. The director of CBI should be careful of the path of political manipulations and his responsibilities. He should always stand up to the pressure and make sure to keep himself and his team insulated by preparing himself with the written instruction passed and the proof of their actions.

• A proper file should be maintained for tracking every detail, order, and periodical progress report. This will help the agency from unwanted allegations and will maintain high transparency.
• The Recommendation of Justice Verma ought to be put in place and a mix of Judiciary consisting of a permanent CBI cadre, expertise from outside, Judiciary suggestion, and the opposition needs to be considered for men with integrity to get recruited. A collegium consisting of the Prime Minister, the Leader of the opposition, and the Chief Justice of India can be constituted for the same purpose.
• A need for supervisory officers to quash the uncertain system of inductions to the deputation from the Central and the State Police Forces need to put up.

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Plaguing Issues of CBI

The major issues plaguing CBI are as follows:

Credibility Crisis

CBI director meets persons who are linked with scams such as coal block allocation, 2G at his residence. The Prestige and reputation of CBI have been put down. It appears that the premier investigative agency is hand to glove with the accused in the high-profile camps.

Pendency of Cases

>More than 10000 cases are pending in various CBI Special Courts. CBI as an investigative body has not been able to nail the culprits effectively.

Political Pressure

On the coal block allocation scam, CBI admitted that its status report was changed under the pressure of political executives. It shows the CBI no longer functions as a truly independent body.

Financial Independence

Financial Independence plays an important role in the functioning of any organization. The CBI director has been given the rank of a Government Secretary with more financial autonomy by the government. The CBI director could make expenditure up to rupees 15 crores but previously the amount was very negligible. They would be able to employ private consultants and can also make advance payments up to 80% to a government agency without running to an administrative ministry. That agency does not have to depend on approvals as the money has been increased for disposal. The Government has not sanctioned the full autonomy that CBI has requested.

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CBI and RTI

The Central Bureau of Investigation (CBI) is placed in the second schedule section 24 of the Right to Information Act. Section 24 of the Right to Information Act states that “act not to apply to certain organizations”. This provides an exception to obtaining information from Intelligence and security organizations which is specified in the second schedule to the RTI act or any information furnished by them to the government.

CVC’s Jurisdiction

The jurisdiction of the Central Vigilance Commission (CVCs) is given as follows:

• Officers of the rank of scale V and above in the Public Sector Banks.
• Managers and above in General Insurance Companies.
• Members of All India Services serving in connection with the affairs of the Union and Group A officers of the Central Government.
• Officers in Grade D and above in Reserve Bank of India (RBI), NABARD and SIDBI.
• Chief Executives and Executive on the board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings.
• Senior Divisional Managers and above in Life Insurance Corporation.
• Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.

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Limitations of CVC

The limitations of CVC are given as follows:

• The Central Vigilance Commission (CVC) is relatively independent in its functioning, it does not have any power to take action on complaints of corruption, and neither it have resources.
• CVC is treated as an advisory body that has no power to register criminal cases against government officials or direct CBI to initiate an investigation against any officer of the level of Joint Secretary or above. So it is considered a powerless agency.

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Proposed Institutional Reforms For CBI

The proposed institutional reforms for CBI are given as follows:

• The appointment of the Director is provided by Lokpal, CBI through a collegium system which is the right step.
• To have a dedicated cadre for CBI.
• In the form of prosecutors, judges, and support staff for CBI, more establishment is needed.
• Lokpal should be allowed to decide the cases which have been taken by CBI. CBI must report to Lokpal for investigating such cases. It can oversee and supervise the CBI.
• The new CBI act, substitute archaic clearly defining the jurisdiction, legal powers, and role of CBI.

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The Issue Related to New Law For CBI

The recommendation of the Department-Related Parliamentary Standing Committee to make a new law for the Central Bureau of Investigation (CBI) has been turned down by the Union Government.

2>What Were the Recommendations of the Committee?

The recommendations of the Committee are given as follows:

• Under the DSPE Act, powers given to the CBI are not adequate considering the pace of changing times as it develops into a more dynamic agency that specialised in the investigation, prosecution, and prevention of crimes.
• For the above-given context, a separate statute is needed for the CBI to make it an accountable and independent agency.

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What is the Government’s Position?

The Parliament authority to approve a law that would be in dispute with Entry 2 of List II of the Seventh Schedule in the domain of the States.

• For the above case, CBI may affect all the powers of investigation of offenses that are conferred on the State police.
• A separate statute will necessitate an amendment of the Constitution for the CBI which may affect the federal structure of the Indian Constitution.

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Conclusion

India has emerged as a progressive and vibrant economy. The first step towards improving the CBI’s autonomy is a parliamentary law for autonomy, powers, etc.

UPSC Previous Year Questions on CBI Autonomy and CVC Issues

1. The Central Vigilance Commission was set up on the recommendation of

(a) First Administrative Reforms Commission

(b) Gorwala Committee

(c) Kripalani Committee

(d) Santhanam Committee

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