Recently Chief Justice of India (CJI) N.V. Ramana said the Central Bureau of Investigation (CBI) has come under serious public scrutiny. Its functions and inaction have put a question mark on its credibility.
In an effort to reform law enforcement agencies, the Chief Justice has proposed an umbrella, independent and autonomous investigative agency.
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Central Bureau of Investigation (CBI):
The Central Bureau of Investigation (CBI) was established in the year 1963 by a resolution of the Ministry of Home Affairs.
Now the CBI comes under the administrative control of the Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions.
CBI gets the power of investigation from the Delhi Special Police Establishment Act, 1946.
Establishment of CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
CBI is the main investigating agency of the Central Government.
It also provides assistance to the Central Vigilance Commission and the Lokpal.
It is also the nodal police agency in India, which coordinates investigations on behalf of Interpol member countries.
Challenges related to CBI:
Political interference: The HinduAnalysis
The Supreme Court of India criticized it for excessive political interference in the affairs of the CBI and called it a “caged parrot speaking in the voice of its master”.
It has often been misused by the outgoing government to cover up its wrongdoings, to put pressure on coalition partners and to harass political opponents.
Overarching Agencies: The Hindu Analysis
Currently, the same incident is investigated by multiple agencies, which often leads to weakening of evidence, conflicting statements, and lengthy prison terms for innocent people.
Huge shortage of personnel: The Hindu Analysis
One of the main reasons for this is the m ismanagement of the CBI workforce by the government, through inefficient and needlessly biased recruitment policies, which are used to bring in the desired officers, which affects the efficiency of the organisation.
Limited Powers: The Hindu Analysis
The powers and jurisdiction of the members of the CBI for investigation are subject to the concurrence of the State Government, thus limiting the scope of investigation by the CBI.
Restricted Access: The Hindu Analysis
Prior approval of the Central Government to conduct investigations or investigations on employees of the rank of Joint Secretary and above in the Central Government is a major deterrent in combating corruption at the higher levels of the bureaucracy.
How can law enforcement be improved?
Creation of Independent Umbrella Institution: The Hindu Analysis
The CJI has proposed to bring various central agencies like CBI, Enforcement Directorate and Serious Fraud Investigation Office under one roof.
Its organization should be headed by an independent and impartial authority appointed by a committee by which the CBI Director should be appointed.
The CJI said having a separate and autonomous wing for prosecution and investigation is an additional built-in safeguard to ensure complete independence.
There will be provision for a proper check and balance in the proposed law for annual audit of the performance of the institute by the Appointments Committee.
Cordial relations between the states and the center: The Hindu Analysis
The burden of police and public order and investigation under the State List is mainly on the State Police.
State agencies should be strengthened to deal with the increasing challenges in the field of investigation.
The proposed central law for an umbrella inquiry body can be suitably replicated by the states.
Bringing Gender Equality: The Hindu Analysis
There is a need for adequate representation of women in the criminal justice system.
Social legitimacy is the need of the hour so that social legitimacy and public trust can be regained and the first step to achieve this is to break the alliance with the political executive.
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Reforms in the Criminal Justice System:
There is a need to implement long pending police reforms and deal with pending cases.
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