How is the Director of the Central Bureau of Investigation (CBI) appointed?

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How is the Director of the Central Bureau of Investigation (CBI) appointed? Blog Image

Overview:

A high-level committee meeting was recently held at the official residence of the Prime Minister in connection to the appointment of the new Central Bureau of Investigation (CBI) director.

Appointment of the CBI Director:

  • The CBI director is appointed according to provisions under the Delhi Special Police Establishment Act (1946) and amendments therein brought by the Lokpal and Lokayuktas Act, 2013.
  • The appointment is made by the Centre on recommendation by a three-member Appointment Committee.
  • The appointment committee comprises the Prime Minister as the chairperson, the leader of the opposition (LoP) in the Lok Sabha and the Chief Justice of India, or a Supreme Court judge nominated by him.
  • If there is no recognised LoP, then the leader of the single largest party is included in the committee.
  • The Central Vigilance Commission Act 2003 fixed the tenure of the CBI director at 2 years.
  • Supreme Court Directions:
    • The apex court, in a 2019 order, mandated that no officer with less than six months' tenure remaining can be considered for the post of CBI chief.
    • The court also ruled that the director is to remain in office for 'not less than 2 years' and can be transferred only with the consent of the appointing committee.

About Central Bureau of Investigation (CBI):

  • It is the premier investigative agency of India.
  • The agency was established in 1963 by the Indian government as a result of the recommendation of the Santhanam Committee.
  • CBI is not a statutory body. It derives its power to investigate from the Delhi Special Police Establishment Act 1946.
  • Control:
    • It operates under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions.
    • However, for investigation of offences under the Prevention of Corruption Act, the CBI vests superintendence to the Central Vigilance Commission.
  • Functions
    • Initially, it was set up to investigate corruption in government departments and public sector undertakings.
    • However, over the years, its jurisdiction has expanded to cover a wide range of cases, including economic offences, cyber crimes, organized crimes, and special crimes.

 


Q1) What is the Central Vigilance Commission (CVC)?  

Central Vigilance Commission was set up with the aim to exercise superintendence over vigilance administration of the organisations in respect of which the executive powers of Government of India extended.  It was conceptualised as an apex Integrity Institution, having complete independence and autonomy in its functions.

Source: PM Modi-led committee holds meeting for appointment of new CBI director, CVC, Lokpal