UPSC » Daily News Analysis ‘Central Bureau of Investigation (CBI)’ : 14 May

Daily News Analysis ‘Central Bureau of Investigation (CBI)’ : 14 May

Why in News: 

  • The Appointments Committee of the Cabinet has granted a one-year extension to CBI Director Praveen Sood, extending his tenure until May 2027.

Key Facts: Central Bureau of Investigation (CBI)

  • Establishment: Set up in 1963 by a resolution of the Ministry of Home Affairs; it now functions under the Ministry of Personnel, Public Grievances and Pensions.
  • Legal Status: It is not a statutory body. It derives its powers to investigate from the Delhi Special Police Establishment (DSPE) Act, 1946.
  • Nodal Agency: It is the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.
  • The Selection Committee: As per the Lokpal and Lokayuktas Act (2013), the CBI Director is appointed by the Central Government on the recommendation of a three-member committee consisting of:
    • The Prime Minister (Chairperson)
    • The Leader of Opposition in Lok Sabha (or Leader of the single largest Opposition Party)
    • The Chief Justice of India (CJI) or a Supreme Court Judge nominated by him.
  • Tenure of Director: The Director of CBI has a security of tenure of two years (as per the Vineet Narain Case). However, the Central Government can extend this tenure annually for up to five years in total.
  • Dissent Notes: In the selection process, committee members (like the Leader of Opposition) have the right to record a dissent note if they disagree with the selection criteria or the transparency of the process.
  • Jurisdiction:
    • CBI can investigate cases in States only with the “General Consent” of the concerned State Government.
    • However, the Supreme Court and High Courts can order the CBI to investigate a crime anywhere in the country without the consent of the State.
    • Santhonam Committee: The establishment of the CBI was recommended by the Santhonam Committee on Prevention of Corruption (1962–1964).