Context:
The Government of Madhya Pradesh has announced that the Central Bureau of Investigation (CBI) will now require written consent from the state government to initiate any inquiry against state officials. This decision follows a trend where several states have withdrawn general consent for CBI investigations, sparking discussions on the necessity of new legislation to clearly define the CBI’s status, functions, and powers.
Relevance:
GS II: Polity and Governance
Dimensions of the Article:
- Madhya Pradesh’s Mandate for Prior Consent for CBI Inquiries
- Central Bureau of Investigation (CBI)
- Functions of CBI
- Challenges of CBI
Madhya Pradesh’s Mandate for Prior Consent for CBI Inquiries
Background
- Changes in Law: Madhya Pradesh’s decision aligns with the amendments in the Bharatiya Nyaya Sanhita (BNS) and reflects recent consultations with the Central Bureau of Investigation (CBI).
- Section 17A of the Prevention of Corruption Act, 1988: This section mandates that no inquiry or investigation into offenses committed by public servants can be initiated without prior approval from the appropriate authority.
Current Policy
- Requirement for Prior Consent: Madhya Pradesh now requires written consent from the state government for the CBI to conduct inquiries or investigations into state officials.
- Continuing General Consent: Previous general consents for other offenses and case-by-case consents given by the state government will still be applicable.
Implications of the Decision
- Impact on Investigation Efficiency:
- Slowing of Process: The requirement for prior written consent could delay the initiation of CBI inquiries against state officials.
- Administrative Burden: It may increase the workload for both the state government and the CBI, potentially affecting the efficiency of investigations into corruption.
- Broader Trend:
- Control over Central Agencies: This decision is part of a larger trend where states are asserting greater control over central investigative agencies, which affects the dynamics of federal governance in India.
Context of Similar Decisions
- Other States: States like Meghalaya, Mizoram, West Bengal, Jharkhand, Kerala, and Punjab have also withdrawn general consent for CBI investigations, indicating a shift in how states are interacting with central investigative bodies.
Central Bureau of Investigation (CBI)
- The Central Bureau of Investigation (CBI) was set up in 1963 after the recommendation of Santhanam committee under Ministry of Home affairs and was later transferred to the Ministry of Personnel and now it enjoys the status of an attached office.
- Now, the CBI comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions.
- The CBI derives its powers from the Delhi Special Police Establishment Act, 1946, however, it is NOT a Statutory Body.
- CBI is the apex anti-corruption body in the country – Along with being the main investigating agency of the Central Government it also provides assistance to the Central Vigilance Commission and Lokpal.
- The CBI is required to obtain the prior approval of the Central Government before conducting any inquiry or investigation.
- The CBI is also the nodal police agency in India which coordinates investigations on behalf of Interpol Member countries.
- The CBI’s conviction rate is as high as 65 to 70% and it is comparable to the best investigation agencies in the world.
- The CBI is headed by a Director and he is assisted by a special director or an additional director. It has joint directors, deputy inspector generals, superintendents of police.
CBI has following divisions
- Anti-Corruption Division
- Economic Offences Division
- Special Crimes Division
- Policy and International Police Cooperation Division
- Administration Division
- Directorate of Prosecution
- Central Forensic Science Laboratory
How does the Central Bureau of Investigation (CBI) function in India?
Provision of Prior Permission:
- The CBI is required to obtain prior approval from the Central Government before conducting an inquiry or investigation into an offense committed by officers of the rank of joint secretary and above in the Central Government and its authorities.
- The Supreme Court, in 2014, declared Section 6A of the Delhi Special Police Establishment Act, which provided protection to joint secretary and above officers from facing preliminary inquiries by the CBI in corruption cases, as invalid and violative of Article 14.
General Consent Principle for CBI:
- The state government can grant consent to the CBI on a case-specific basis or through a “general” consent.
- General consent is usually given by states to facilitate seamless investigation of corruption cases involving central government employees within their states.
- This consent is considered implicit, allowing the CBI to initiate investigations assuming consent has already been given.
- Without general consent, the CBI would need to seek permission from the state government for each individual case, even for minor actions.
Challenges of CBI
- The CBI has been dubbed a “caged parrot speaking in its master’s voice” by the Supreme Court of India due to excessive political influence in its operations. It has frequently been utilised by the government to conceal misdeeds, keep coalition allies in line, and keep political opponents at away. It has been accused of massive delays in concluding investigations, such as in its investigation into high-ranking Jain dignitaries in the Jain hawala diaries case [in the 1990s].
- Loss of Credibility: Improving the agency’s image has been one of the most difficult challenges so far, as the agency has been chastised for its mishandling of several high-profile cases, including the Bofors scandal, the Hawala scandal, the Sant Singh Chatwal case, the Bhopal gas tragedy, and the 2008 Noida double murder case (Aarushi Talwar).
- Lack of Accountability: CBI is exempt from the Right to Information Act, which means it is not accountable to the public.
- Acute staff shortage: One of the key causes of the shortfall is the government’s mishandling of the CBI’s employees, which includes an inefficient and inexplicably biassed recruitment policy that was utilised to bring in favoured officials, possibly to the organization’s damage.
- Limited Authority: Members of the CBI’s investigative powers and jurisdiction are subject to the consent of the State Government, restricting the scope of the CBI’s inquiry.
- Restricted Access: Obtaining prior authorisation from the Central Government to initiate an inquiry or probe into Central Government workers at the level of Joint Secretary and above is a major impediment to tackling corruption at the highest levels of government.
-Source: The Hindu
