Table of Contents:
- About Central Bureau of Investigation (CBI)
- Describe the composition and functions of the Central Bureau of Investigation ( C. B. I) in India.
- The jurisdiction of the Central Bureau of Investigation ( CBI) regarding lodging an FIR and conducting a probe within a particular state is being questioned by various states. However, the power of the states to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
About the central bureau investigation of India:
The Central Bureau of Investigation (CBI) is the premier investigating agency of India. It was established on the recommendation of the Santhanam Committee on the Prevention of Corruption. It is an autonomous body that operates under the jurisdiction of the Ministry of Personnel, Public Grievances, and Pensions of the Government of India.
The Central Bureau of Investigation (CBI) operates under the Delhi Special Police Establishment Act, of 1946, which grants it jurisdiction to investigate certain categories of cases across the country, regardless of state boundaries.
The Central Bureau of Investigation's (CBI) primary role is to investigate cases related to corruption, economic offenses, major frauds, and other high-profile criminal cases across the country. It is often called upon to handle cases of national importance or those that involve multiple states.
The Central Bureau of Investigation (CBI) has its headquarters in New Delhi and operates through various branches and special units throughout India.
Question.
Describe the composition and functions of the Central Bureau of Investigation ( C. B. I) in India.
( UPPSC, UP PCS Mains General Studies-II/GS-2 2018)
Answer.
The Central Bureau of Investigation (CBI) is the premier investigative agency in India. It is responsible for investigating a wide range of crimes and maintaining the integrity of the country's administrative, economic, and national security systems.
Composition of the Central Bureau of Investigation (CBI):
Director:
The director is the top post of the Central Bureau of Investigation (CBI), and is an Indian Police Service (IPS) officer of the rank of Director General or Special Director General. The Director is appointed by the central government and is responsible for the overall functioning and administration of the agency.
Officers:
The Central Bureau of Investigation (CBI) consists of officers from various branches of law enforcement, including the IPS, the Indian Revenue Service, and other central armed police forces. The agency has both investigative and supervisory officers who work together to carry out investigations.
Functions of the Central Bureau of Investigation (CBI):
Investigation of Crimes:
The primary function of the CBI is to investigate a range of crimes that fall within its jurisdiction. This includes cases related to corruption, economic offenses, major frauds, human trafficking, organized crime, terrorism, and other high-profile and sensitive cases as directed by the central government or the courts.
Central Government Requests:
The CBI acts as a special police force for the central government. It investigates cases that are referred to it by the central government, including cases involving central government employees, public servants, and other matters of national importance.
Court-Directed Cases:
The CBI also handles cases that are directed to it by the courts. This includes cases that are transferred to the CBI for a fair and impartial investigation, cases where the courts find prima facie evidence of a serious offense, or cases involving public interest that require the expertise of the CBI.
International Cooperation:
The CBI works closely with international law enforcement agencies and Interpol to investigate cases that have an international dimension. It engages in mutual legal assistance, extradition proceedings, and sharing of information to combat transnational crimes.
Expertise and Training:
The CBI is responsible for developing and imparting specialized training to its officers and personnel. It ensures that its investigators are equipped with the necessary skills and knowledge to handle complex and challenging cases effectively.
Research and Development:
The CBI conducts research and develops best practices in the field of investigation and forensic science. It keeps abreast of advancements in technology and techniques to enhance its investigative capabilities.
Prosecution Support:
The CBI works closely with the prosecution agencies to provide them with the necessary evidence and assistance in prosecuting cases effectively. It provides expert opinions, testimonies, and other support during trials.
The Central Bureau of Investigation plays a crucial role in maintaining law and order, combating corruption, and upholding the rule of law in India. Its independence, impartiality, and professionalism are essential in carrying out effective investigations and ensuring accountability in public administration.
Question.
The jurisdiction of the Central Bureau of Investigation ( CBI) regarding lodging an FIR and conducting a probe within a particular state is being questioned by various states. However, the power of the states to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.
( UPSC Mains General Studies-II/GS-2 2021)
Answer.
It is true that the jurisdiction of the Central Bureau of Investigation (CBI) has been a subject of debate and contention in India, especially when it comes to lodging FIRs (First Information Reports) and conducting probes within a particular state. The reason for this lies in the federal structure of India.
As we know that India is a federal country, where power is divided between the central government and the state governments. Under the Constitution of India, law and order, including the police and investigation matters, is a state subject. This means that states have the authority to maintain their own police forces and handle law and order within their borders.
However, the CBI operates under the Delhi Special Police Establishment Act, of 1946, which grants it jurisdiction to investigate certain categories of cases across the country, regardless of state boundaries. These cases include those that have significant implications on national security, public order, and matters concerning the central government, among others.
The power of states to withhold consent to the CBI's investigation is not absolute due to certain provisions and principles. For example:
The Central government can, under certain circumstances, request the CBI to take up an investigation in a state, even without the state government's consent, if the case falls under the agency's jurisdiction as specified in the Delhi Special Police Establishment Act ( DSPE Act).
Cases that involve matters affecting more than one state or interstate ramifications often fall under the jurisdiction of the CBI, and the state's consent may not be necessary in such instances.
The federal principle of "cooperative federalism" in India emphasizes the need for cooperation between the central and state governments in crucial matters, including criminal investigations.
In some high-profile cases or matters of significant public interest, the judiciary may also intervene and direct the CBI to take up an investigation, irrespective of the state government's consent.
In summary, while states have control over most law and order matters within their boundaries, the CBI's jurisdiction extends to certain cases of national importance and interstate ramifications, ensuring that investigations can be conducted effectively for the greater interest of the country. The balance between the powers of the central and state governments helps maintain the federal character of India's governance system.
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