Central Bureau of Investigation (CBI)
Indian Polity › Non-Constitutional Bodies · Topic 26.4
The CBI is the Central government’s main investigating agency, set up in 1963 by a Home Ministry resolution and deriving its powers from the Delhi Special Police Establishment Act, 1946, with state consent needed for jurisdiction in states.
6 min read · UPSC Prelims · Polity · Non-Constitutional Bodies
At a Glance
- What it is Main investigating agency of the Central government
- Established 1963 by Home Ministry resolution
- Powers from Delhi Special Police Establishment Act, 1946
- Head Director
- Exam link UPSC Prelims, Polity: Non-Constitutional Bodies
Where Does It Fit?
This is the fourth topic of the category on Non-Constitutional Bodies. The Central Bureau of Investigation traces its origin to the Special Police Establishment of 1941. It was established in 1963 by a resolution of the Ministry of Home Affairs, and it is not a statutory body: it derives its powers from the Delhi Special Police Establishment Act, 1946.
Origin
The Special Police Establishment was set up in 1941 to investigate bribery and corruption in transactions of the War and Supply Department during World War II, which also held its superintendence. After the war the need for a Central agency to investigate corruption by Central employees continued, so the Delhi Special Police Establishment Act was brought into force in 1946, transferring superintendence to the Home Department and enlarging its functions to all departments. The CBI was established in 1963 by a Home Ministry resolution, and the Delhi Special Police Establishment was merged with it as one of its divisions. The CBI later moved under the Ministry of Personnel and works under the administrative control of the Department of Personnel and Training. It assists the CVC and Lokpal.
The NIA was constituted after the Mumbai terror attack of 2008 mainly to investigate terror attacks and terror funding, whereas the CBI investigates corruption, economic offences and serious and organised crime other than terrorism. The Act does not enable the CBI to exercise its powers in any area of a state, other than a railway area, without the consent of the state government.
Motto, Mission and Vision
The motto is Industry, Impartiality and Integrity. The mission is to uphold the Constitution and the law of the land through in-depth investigation and successful prosecution of offences, to provide leadership and direction to police forces and to act as the nodal agency for inter-state and international cooperation in law enforcement. The vision includes combating corruption and economic and violent crimes, helping fight cyber and high technology crime, supporting state police organisations, playing a lead role in the war against organised crime and upholding human rights.
Composition and Appointment
The CBI is headed by a Director, assisted by special and additional directors, joint directors, deputy inspectors-general, superintendents of police, forensic scientists and law officers. The Director, as Inspector-General of Police of the Delhi Special Police Establishment, administers the organisation. Since the CVC Act, 2003, superintendence of the Delhi Special Police Establishment vests in the Central government, except for investigations of offences under the Prevention of Corruption Act, 1988, where it vests in the CVC.
The Lokpal and Lokayuktas Act (2013) amended the 1946 Act so that the Central government appoints the Director on the recommendation of a three-member committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India or a Supreme Court judge nominated by the Chief Justice. It created a Directorate of Prosecution headed by a Director, under the Director of the CBI, appointed on the recommendation of the CVC, and provided that officers of the rank of SP and above are appointed on the recommendation of a committee of the Central Vigilance Commissioner, vigilance commissioners and the Home and Personnel Secretaries. The Delhi Special Police Establishment (Amendment) Act, 2014 provided that where there is no recognised Leader of Opposition, the leader of the single largest opposition party sits on the committee.
The Delhi Special Police Establishment (Amendment) Act, 2021 allows the Central government to extend the Director’s fixed two-year tenure up to five years, in extensions of one year at a time, in public interest, on the recommendation of the same committee and for reasons recorded in writing, so three annual extensions are possible.
Functions
- Investigating cases of corruption, bribery and misconduct of Central government employees.
- Investigating breaches of fiscal and economic laws, such as export and import control, customs and central excise, income tax and foreign exchange regulations, in consultation with or at the request of the department concerned.
- Investigating serious crimes with national and international ramifications by organised gangs of professional criminals.
- Coordinating the activities of anti-corruption agencies and state police forces.
- Taking up, on a state government’s request, any case of public importance.
- Maintaining crime statistics and disseminating criminal information.
The CBI normally confines anti-corruption work to offences by Central government and Union territory employees and their public sector undertakings. It takes up conventional crimes like murder, kidnapping and rape on reference from state governments or when directed by the Supreme Court or High Courts. It acts as the National Central Bureau of Interpol in India.
Prior Permission and CBI Versus State Police
The CBI is required to obtain prior approval of the Central government before inquiring into offences by officers of the rank of joint secretary and above. In 2014 a Constitution Bench of the Supreme Court held Section 6A of the Delhi Special Police Establishment Act, which protected joint secretary-level officers and above from even a preliminary inquiry in corruption cases, violative of Article 14, since the status of a public servant does not exempt the person from equal treatment.
| Case type | Who takes it up |
|---|---|
| Substantially concerned with Central government affairs or employees, even if some state employees are involved | DSPE (CBI) |
| Substantially concerned with state government affairs or employees, even if some Central employees are involved | State police |
| Employees of public undertakings or statutory bodies established and financed by the Centre | DSPE (CBI) |
The role of the DSPE is supplementary to that of the state police, and both have concurrent powers of investigation and prosecution for offences under the 1946 Act, so these administrative arrangements avoid duplication.
Why Is This Topic Important?
- Frequently asked Origin, statute and appointment are standard
- Section 6A Supreme Court ruling of 2014
- State consent Federal angle
What Came Next?
The next topic covers Lokpal and Lokayuktas.
Key People and Terms
- DSPE Delhi Special Police Establishment
- Section 6A Provision struck down in 2014
- Interpol National Central Bureau function
- General consent State permission for CBI jurisdiction
- Directorate of Prosecution Created by the 2013 Act
Exam Corner
Points to Remember
- Established 1963; non-statutory.
- Powers from DSPE Act, 1946.
- Director chosen by PM, LoP and CJI committee.
- Needs state consent outside Union territories.
- Section 6A struck down in 2014.
Do Not Confuse With
- CBI and NIA Corruption versus terrorism
- CBI and CVC Investigator versus supervisor
- 2013 and 2021 changes Selection committee versus extension
Memory Hook
1941 war corruption cell to 1963 CBI: a Home Ministry resolution, an Act of 1946, and state consent needed.
Mains Angle
Questions on this topic usually ask about the autonomy of the CBI. Use these points to add depth.
- Autonomy Selection committee for Director
- Federal issue Consent of the state
- Prior permission Section 6A and Article 14
- Division of work CBI versus state police
A Question You May Face
An original practice question, not a past paper question.
“Discuss the issues relating to the autonomy and jurisdiction of the CBI.”
How to Answer
- Introduction Origin and status.
- Autonomy Appointment and tenure.
- Jurisdiction State consent.
- Conclusion Reforms.
GS Relevance
Frequently Asked Questions
Is the CBI a statutory body?
No. The CBI was established in 1963 by a resolution of the Ministry of Home Affairs and is not a statutory body, but it derives its powers from the Delhi Special Police Establishment Act, 1946, which was passed by Parliament earlier.
How is the Director of the CBI appointed?
The Central government appoints the Director on the recommendation of a three-member committee: the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India or a Supreme Court judge nominated by him.
Can the CBI investigate in a state without consent?
No. The 1946 Act does not enable the CBI to exercise its powers and jurisdiction in any area of a state, other than a railway area, without the consent of the government of that state, so state consent is needed for jurisdiction.
What did the Supreme Court decide about Section 6A in 2014?
A Constitution Bench held Section 6A of the Delhi Special Police Establishment Act, which required prior sanction to probe joint secretary and above officers in corruption cases, violative of Article 14, as status does not exempt a corrupt public servant.
What is the difference between the CBI and the NIA?
The NIA was constituted after the 2008 Mumbai terror attack mainly to investigate terror attacks, funding of terrorism and other terror related crime, whereas the CBI investigates corruption, economic offences and serious and organised crime other than terrorism.
PYQ Practice — Statement Analysis
1 The CBI is established by an Act of Parliament.
By a 1963 resolution.
2 The Director is selected by the Prime Minister, Leader of Opposition and CJI.
Under the 2013 amendment.
3 The CBI can act in any state without consent.
State consent is needed.
4 Section 6A was upheld in 2014.
Struck down.
Related Topics
Browse the full Indian Polity index