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personal declaration stating that he reasonably believes that
the information disclosed by him and the allegation
contained therein is substantially true.
6. Disclosures can be made in writing or by email message in
accordance with the procedure as may be prescribed and
contain full particulars and be accompanied by supporting
documents, or other material.
7. However, no action shall be taken on a disclosure if it does
not indicate the identity of the complainant or public servant
or if “the identity of the complainant or public servant is
found to be incorrect.”
8. The Act is not applicable to the Special Protection Group.
1. The Committee on Prevention of Corruption with
parliamentarian K. Santhanam as the Chairman, four
other MPs and two senior officers as members, was
appointed by the Government of India in 1962.
2. The Central Vigilance Commission Bill having been
passed by both the Houses of Parliament received the
assent of the president on 11 September 2003. It came
on the statute Book as the Central Vigilance
Commission Act, 2003.
2a. Annual Report 2015–16, Ministry of Personnel,
Government of India, p. 101.
3. The authorities of the Central government include a
corporation established by or under any Central act and
government company, society and any local authority
owned or controlled by the Central government.
4. The All-India Services include Indian Administrative
Service (IAS), Indian Police Service (IPS) and Indian
Forest Service (IFS).
4a. Annual Report 2015, Central Vigilance Commission, pp.
2–4.
5. Report on Ethics in Governance, January 2007, Second
Administrative Reforms Commission, Government of
India, p. 106.
6. Originally, the year of the Act was 2011. Later, it was
changed to 2014.
7. The Indian Express, “Whistleblowers Protection Act
gets President’s nod”, May 13, 2014.
60 Central Bureau of Investigation
ESTABLISHMENT OF CBI
The Central Bureau of Investigation (CBI) was set up in 1963 by a
resolution of the Ministry of Home Affairs. Later, it was transferred
to the Ministry of Personnel and now it enjoys the status of an
attached office1. The Special Police Establishment (which looked
into vigilance cases) setup in 1941 was also merged with the CBI.
The establishment of the CBI was recommended by the
Santhanam Committee on Prevention of Corruption (1962–1964).
The CBI is not a statutory body. It derives its powers from the
Delhi Special Police Establishment Act, 1946.
The CBI is the main investigating agency of the Central
Government. It plays an important role in the prevention of
corruption and maintaining integrity in administration. It also
provides assistance to the Central Vigilance Commission and
Lokpal.
There is a difference between the nature of cases investigated
by the National Investigation Agency (NIA) and the CBI. The NIA
has been constituted after the Mumbai terror attack in 2008 mainly
for investigation of incidents of terrorist attacks, funding of
terrorism and other terror related crime, whereas the CBI
MOTTO, MISSION AND VISION OF CBI
Motto: Industry, Impartiality and Integrity Mission: To uphold the
Constitution of India and law of the land through in-depth
investigation and successful prosecution of offences; to provide
leadership and direction to police forces and to act as the nodal
agency for enhancing inter-state and international cooperation in
law enforcement
Vision: Based on its motto, mission and the need to develop
professionalism, transparency, adaptability to change and use of
science and technology in its working, the CBI will focus on
1. Combating corruption in public life, curbing economic and
violent crimes through meticulous investigation and
prosecution
2. Evolving effective systems and procedures for successful
investigation and prosecution of cases in various law courts
3. Helping fight cyber and high technology crime
4. Creating a healthy work environment that encourages team-
building, free communication and mutual trust
5. Supporting state police organisations and law enforcement
agencies in national and international cooperation,
particularly relating to enquiries and investigation of cases
6. Playing a lead role in the war against national and
transnational organised crime
7. Upholding human rights, protecting the environment, arts,
antiques and heritage of our civilisation
8. Developing a scientific temper, humanism and the spirit of
inquiry and reform
9. Striving for excellence and professionalism in all spheres of
functioning so that the organisation rises to high levels of
endeavor and achievement.
ORGANISATION OF CBI
Originally (1963), the CBI was set up with the following six
divisions:
(i) Investigation and Anti-Corruption Division (Delhi Special
Police Establishment)
(ii) Technical Division
(iii) Crime Records and Statistics Division
(iv) Research Division
(v) Legal and General Division
(vi) Administration Division
At present (2019), the CBI has the following seven divisions:
1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and Coordination Division
5. Administration Division
6. Directorate of Prosecution
7. Central Forensic Science Laboratory
COMPOSITION OF CBI
The CBI is headed by a Director. He is assisted by a special
director or an additional director. Additionally, it has a number of
joint directors, deputy inspector generals, superintendents of
police and all other usual ranks of police personnel. In total, it has
about 5000 staff members, about 125 forensic scientists and
about 250 law officers.
The Director of CBI as Inspector-General of Police, Delhi
Special Police Establishment, is responsible for the administration
of the organisation. With the enactment of CVC Act, 2003, the
superintendence of Delhi Special Police Establishment vests with
the Central Government save investigations of offences under the
Prevention of Corruption Act, 1988, in which, the superintendence
vests with the Central Vigilance Commission. The Director of CBI
has been provided security of two-year tenure in office by the
CVC Act, 2003.
The Lokpal and Lokayuktas Act (2013) amended the Delhi
Special Police Establishment Act (1946) and made the following
changes with respect to the composition of the CBI:
1. The Central Government shall appoint the Director of CBI on
the recommendation of a three-member committee
consisting of the Prime Minister as Chairperson, the Leader
of Opposition in the Lok Sabha and the Chief Justice of India
or Judge of the Supreme Court nominated by him.
2. There shall be a Directorate of prosecution headed by a
Director for conducting the prosecution of cases under the
Lokpal and Lokayuktas Act, 2013. The Director of
Prosecution shall be an officer not below the rank of Joint
Secretary to the Government of India. He shall function
under the overall supervision and control of the Director of
CBI. He shall be appointed by the Central Government on
the recommendation of the Central Vigilance Commission.
He shall hold office for a period of two years.
3. The Central Government shall appoint officers of the rank of
SP and above in the CBI on the recommendation of a
committee consisting of the Central Vigilance Commissioner
as Chairperson, the Vigilance Commissioners, the Secretary
of the Home Ministry and the Secretary of the Department of
Personnel.
Later, the Delhi Special Police Establishment (Amendment) Act,
2014 made a change in the composition of the committee related
to the appointment of the Director of C.B.I. It states that where
there is no recognized leader of opposition in the Lok Sabha, then
the leader of the single largest opposition party in the Lok Sabha
would be a member of that committee.
FUNCTIONS OF CBI
The functions of CBI are:
(i) Investigating cases of corruption, bribery and misconduct of
Central government employees.
(ii) Investigating cases relating to infringement of fiscal and
economic laws, that is, breach of laws concerning export and
import control, customs and central excise, income tax,
foreign exchange regulations and so on. However, such
cases are taken up either in consultation with or at the
request of the department concerned.
(iii) Investigating serious crimes, having national and international
ramifications, committed by organised gangs of professional
criminals.
(iv) Coordinating the activities of the anticorruption agencies and
the various state police forces
(v) Taking up, on the request of a state government, any case of
public importance for investigation.
(vi) Maintaining crime statistics and disseminating criminal
information.
The CBI is a multidisciplinary investigation agency of the
Government of India and undertakes investigation of corruption-
related cases, economic offences and cases of conventional
crime. It normally confines its activities in the anti-corruption field
to offences committed by the employees of the Central
Government and Union Territories and their public sector
undertakings. It takes up investigation of conventional crimes like
murder, kidnapping, rape etc., on reference from the state
governments or when directed by the Supreme Court/High Courts.
The CBI acts as the “National Central Bureau” of Interpol in
India. The Interpol Wing of the CBI coordinates requests for
PROVISION OF PRIOR PERMISSION
The CBI is required to obtain the prior approval of the Central
Government before conducting any inquiry or investigation into an
offence committed by officers of the rank of joint secretary and
above in the Central Government and its authorities.
However, on May 6, 2014, the Supreme Court held as invalid
the legal provision that makes prior sanction mandatory for the
Central Bureau of Investigation to conduct a probe against senior
bureaucrats in corruption cases under the Prevention of
Corruption Act.2
A Constitution Bench held that Section 6A of the Delhi Special
Police Establishment Act, which granted protection to joint
secretary and above officers from facing even a preliminary
inquiry by the CBI in corruption cases, was violative of Article 14.
Welcoming the court order, CBI Director said: “It is a landmark
judgment that will empower the agency in the investigations into
several cases pending due to the provision that has now been
struck down by the Constitution Bench. We had for long been of
the view that inquiry against senior officials need not require any
prior permission.”
Writing the judgment, the CJI said, “Corruption is an enemy of
[the] nation and tracking down a corrupt public servant,
howsoever high he may be, and punishing such person is a
necessary mandate under the PC Act, 1988. The status or
position of a public servant does not qualify the person from
exemption from equal treatment. The decision-making power does
not segregate corrupt officers into two classes as they are
common crime doers and have to be tracked down by the same
process of inquiry and investigation.”
The Bench said, “Section 6A of the DSPE Act [granting
protection to one set of officers] is directly destructive and runs
counter to the object and reason of the PC Act, 1988. It also
undermines the object of detecting and punishing high-level
corruption. How can two public servants against whom there are
allegations of corruption or graft or bribe taking or criminal
misconduct under the PC Act, 1988, be made to be treated
differently because one happens to be a junior officer and the
other a senior decision maker?”
“The provision in Section 6A impedes tracking down the corrupt
senior bureaucrats as without previous approval of the Central
Government, the CBI cannot even hold preliminary inquiry much
less an investigation into the allegations. The protection under
Section 6A has propensity of shielding the corrupt,” the Bench
added.
Observing that there could not be any protection to corrupt
public servants, the Bench said, “The aim and object of
investigation is ultimately to search for truth and any law that
impedes that object may not stand the test of Article 14. Breach of
rule of law, in our opinion, amounts to negation of equality under
Article 14. Section 6-A fails in the context of these facets of Article
14.”
CBI VS. STATE POLICE
The role of the Special Police Establishment (a division of CBI) is
supplementary to that of the state police forces. Along with state
police forces, the Special Police Establishment (SPE) enjoys the
concurrent powers of investigation and prosecution for offences
under the Delhi Police Establishment Act, 1946. However, to avoid
duplication and overlapping of cases between these two agencies,
the following administrative arrangements have been made:
(i) The SPE shall take up such cases which are essentially and
substantially concerned with the Central Government’s affairs
or employees, even if they also involve certain state
government employees.
(ii) The state police force shall take up such cases which are
substantially concerned with the state government’s affairs or
employees, even if they also involve certain Central
Government employees.
(iii) The SPE shall also take up cases against employees of
public undertakings or statutory bodies established and
CBI ACADEMY
The CBI Academy is located at Ghaziabad, Uttar Pradesh and
started functioning in 1996. Earlier, training programmes were
being conducted at the CBI Training Centre, New Delhi.
The vision of the CBI Academy is “Excellence in Training in the
Fields of Crime Investigation, Prosecution and Vigilance
Functioning” and its mission is to train the human resources of
CBI, state police and the vigilance organisations to become
professional, industrious, impartial, upright and dedicated to the
service of the nation.
The academy is the focal point of training activities within the
organisation and is responsible for identification of suitable
training programmes, regulation of nominations of trainees and
preparation of the annual training calendar.
Beside the CBI Academy at Ghaziabad, there are three
regional training centres imparting training at regional levels at
Kolkata, Mumbai and Chennai.
There are two kinds of training courses which are being
conducted in the CBI Academy:
(i) Short Term In-service Courses: For officers of the CBI, state
police, central para-military forces and central government
undertakings
(ii) Long Term Basic Courses: For directly recruited deputy
superintendents of police, sub-inspectors and constables of
CBI.3
NOTES AND REFERENCES
1. The CBI comes under the administrative control of the
Department of Personnel and Training (DoPT) of the
Ministry of Personnel.
2. The Hindu, “No sanction needed for CBI to probe
bureaucrats: SC,” May 7, 2014.
3. Annual Report 2012, Central Bureau of Investigation,
Government of India, pp. 92–93.
61 Lokpal and Lokayuktas
GLOBAL SCENARIO
Modern democratic states are characterised by a welfare orientation.
Hence, the government has come to play an important role in the
socio-economic development of a nation. This has resulted in the
expansion of bureaucracy and the multiplication of administrative
process, which in turn increased the administrative power and
discretion enjoyed by the civil servants at different levels of the
government. The abuse of this power and discretion by civil servants
opens up scope for harassment, malpractices, maladministration and
corruption. Such a situation gives rise to citizens’ grievances against
administration1 .
The success of democracy and the realisation of socio-economic
development depends on the extent to which the citizens’ grievances
are redressed. Therefore, the following institutional devices have