Proposal Of A New Law Reforming CBI Independence
Post on 14,July 2017   5:00 AM
By - PolyEyes Staff
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Government of India (GOI) turned down the recommendation of Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (PSC) on a new law for the CBI, also termed CBI as a caged parrot with many masters on account of political interference in CBI’s functioning.

The report wanted to replace Delhi Special Police Establishment (DSPE) Act of 1946 by a new CBI law. And therefore Supreme Court in Vineet Narain case gave reforms for making CBI independent.

SC ruled that the Director of the CBI should be appointed on the recommendations of a committee headed by the Central Vigilance Commissioner, Home Secretary and Secretary in Department of Personnel as members.

Need of an independent law: Presently the CBI is not financially independent, thus making it prone to being interfered by the government.

The role, jurisdiction and legal powers of the CBI need to be clearly laid down so that they can work more independently and maintain neutral stature. It will give it goal clarity, role clarity, autonomy in all spheres and an image makeover as an independent autonomous statutory body.

Also CBI Director should be given the powers of ex-officio Secretary to allow direct reporting to the Minister of Personnel reducing the hassles in going through DoPT for even basic administrative issues.

Presently posts in CBI have to be deployed through State or other Central forces. So, under a separate law, CBI could manage its cadre more efficiently.

Therefore CBI law will be a step in the right direction. Apart from this Lokpal Bill and CVC should be strengthened to make CBI truly robust.

A new law will make CBI a statutory body, thus giving it more autonomy to function and reducing political interference.

CBI is involved in multiple functions making it a large monolithic organization. A new law will clearly define its roles and responsibilities

What are the loopholes though?

New CBI law will have to be passed by a constitutional amendment in State List relating to law and order which may violate the spirit federalism. It somehow contradicts the government at certain instances creating unnecessary parallelism in the motives.

CBI may use the powers for vested gains and corrupt practices, leading to poor transparency and accountability of the agency to the people at large.

Concluding Remark: However the reform guarantees independence in terms of CBI powers, changes can be brought in the operationalization or a control in present system can yield to a better management though. CBI courts can be made functional for quicker and effective prosecution as well as fair justice in related cases. Recently CBI has been exempted from consultation with UPSC for recruitment to the post of DSP for a period of 3 years in 2017 as well as Advanced Certified Course for CBI officers to enhance their investigation skills, forensic data collection, collection of evidence, skills etc. by training from National Law School of India University and IIM Bangalore. Apart from these, various schemes for Modernization of training centers in CBI, CBI e-governance, comprehensive modernization of CBI branches/offices etc. are being implemented.

 

 


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