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Q. To ensure “administrative autonomy” for the Central Bureau of Investigation (CBI) and for its investigations to remain unaffected by any political interference, the premier agency should be given “statutory status through a legislation equivalent to that provided to the Comptroller & Auditor General (CAG)”, Chief Justice of India (CJI) Ranjan Gogoi has said. In light of this statement critically analyse the functioning of CBI.

Chief Justice of India Ranjan Gogoi on Tuesday recommended a comprehensive legislation to make the Central Bureau of Investigation functional as an efficient and impartial investigative agency.  The Central Bureau of Investigation traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. The functions of the SPE then were to investigate cases of bribery and corruption in transactions with the War & Supply Deptt. From 1965 onwards, the CBI has also been entrusted with the investigation of Economic Offences and important conventional crimes such as murders, kidnapping, terrorist crimes, etc., on a selective basis.

Under the DSPE Act, the CBI required consent of the State concerned for investigation. Given vested interests or bureaucratic lethargy, such consent is often either denied or delayed, severely compromising the investigation. Additionally, a patch work of legislations governing the functioning of the CBI adversely affects inter-institutional coordination, both horizontally and vertically.

The CBI, over the years, established a reputation for impartiality and competence. Further, it became as a multi-faceted, multi-disciplinary investigative agency, it had for the most part of its existence enjoyed tremendous public trust but nowadays it is facing criticisms about it’s functioning independently.

Challenges being faced by the CBI –

Legal ambiguity and weak human resource.

Lack of adequate investment and accountability.

Interference in investigation and functioning by the Political and administrative machinery.

The way ahead -

“The CBI should be given statutory status through legislation equivalent to that provided to the Comptroller & Auditor General.

The legal mandate of the CBI must be strengthened by having a comprehensive legislation addressing deficiencies relating to organizational structure, charter of functions, limits of power, superintendence and oversight.

Giving the administrative and financial autonomy for the CBI.

Implementing the Supreme Court Guidelines said in the Vineet Narain vs. Union of India case.

To ensure administrative autonomy for CBI and for its investigations to remain unaffected by any political interference, the premier agency should be given statutory status through a legislation equivalent to that provided to the Comptroller & Auditor General (CAG).