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CBI autonomy
Why is it in news?
- Chief Justice of India Ranjan Gogoi recommended a comprehensive legislation to make the Central Bureau of Investigation functional as an efficient and impartial investigative agency.
More in news (Note: Points can be quoted for CBI autonomy/ role issue)
- Key concerns listed by CJI: Chief Justice Gogoi listed legal ambiguity, weak human resource, lack of adequate investment, accountability, and political and administrative interference as key concerns.
- Need for comprehensive legislation:(1) The CBI should be given statutory status through legislation equivalent to that provided to the Comptroller & Auditor General.(2) The legal mandate of the CBI must be strengthened by having a comprehensive legislation addressing deficiencies relating to organisational structure, charter of functions, limits of power, superintendence and oversight.
- Inclusion of ‘public order’ in concurrent list: To address an increasing incidence of inter-State crimes, CJI suggested that an argument could be made for including ‘public order’ in concurrent list, for the limited purposes of investigating such crimes, advocating administrative and financial autonomy for the CBI.
- Vineet Narain v. Union of India case: In the context of political and administrative interference, he said that in the Vineet Narain v. Union of India case, the Supreme Court had expressed concern over the state of affairs and laid down explicit guidelines for protecting the integrity of the force.
- Concerns over Section 4 of the Delhi Special Police Establishment Act, 1946:(1) He said that under Section 4 of the Delhi Special Police Establishment Act, 1946, the superintendence and control of the agency continues to lie with the executive.(2) Because of it, the possibility of CBI being used as a political instrument remains ever present.
- Role of SC in maintaining autonomy of CBI:(1) The Chief Justice said that time and again, the Supreme Court had utilised its constitutional authority to ensure that the CBI functioned without any fear or favour, and in the best public interest.(2) As a multi-faceted, multi-disciplinary investigative agency, it had enjoyed tremendous public trust.
- Concerns over state consent for investigation in states:(1) Under the DSPE Act, the CBI required consent of the State concerned for investigation, he pointed out.(2) Given vested interests or bureaucratic lethargy, such consent is often either denied or delayed, severely compromising the investigation.(3) Additionally, a patch work of legislations governing the functioning of the CBI adversely affects inter-institutional coordination, both horizontally and vertically.
Source
The Hindu