Context
Recently, the Supreme Court of India has invoked the expression ‘Caged Parrot’ for the Central Bureau of Investigation (CBI) in a case over the alleged liquor policy ‘scam’ in Delhi.
About
- Judges, even as granting bail to Chief Minister of Delhi in a corruption case related to the excise policy ‘scam,’ reiterated the importance of the CBI dropping its caged image.
- The term “Caged Parrot” was first coined through the Supreme Court of India in 2013 during the notorious coal block allocation scam. At that point, the CBI was criticised for its perceived loss of independence and susceptibility to political impact.
- A bench led by Justice R. M. Lodha made the scathing statement that the CBI was comparable to a ‘caged parrot talking in the master’s voice’. It highlighted issues about the organisation’s autonomy and its tendency to behave at the behest of those in power.
- The “Caged Parrot” aptly captured the concept that the CBI, no matter being a premier investigative agency, was limited and controlled, similar to a parrot confined within a cage.
Central Bureau of Investigation (CBI)
- Origins and Purpose: It traces its roots back to the Special Police Establishment (SPE), established in 1941 at some point of World War II to research bribery and corruption cases.
- In 1963, appearing on the tips of the Santhanam Committee, the CBI was formally established via a decision of the Ministry of Home Affairs.
- Legal bodywork: CBI operates beneath the Delhi Special Police Establishment (DSPE) Act 1946, which grants it the authority to investigate cases related not only to corruption but also to main criminal offences.
- However, interestingly, the term “CBI” itself doesn’t explicitly seem within the DSPE Act. It isn’t a statutory body.
- Functions
- It functions under the Ministry of Personnel, Public Grievances and Pensions of the vital government, and is exempted from the purview of the Right to Information (RTI) Act.
- Investigating Corruption: The CBI handles cases associated with corruption, bribery, and economic offences.
- Economic Crimes: It tackles economic frauds, narcotics, smuggling, and other economic crimes.
- Special Crimes: Terrorism, kidnapping, and other extreme offences fall within its purview.
- It is likewise the nodal police organization in India that coordinates investigations on behalf of Interpol member nations.
- Jurisdiction
- Section 6 of the DPSE Act authorises the central government to direct the CBI to probe a case in the jurisdiction of any state on the advice of the involved state government.
- The courts also can order a CBI probe, or even reveal the development of research.
- CBI can suo-moto take up research of offences only in the Union Territories.
Autonomy and Superintendence of CBI
- The CBI is generally called an ‘autonomous body’.
- The Central Vigilance Commission (CVC) plays an important function in overseeing the CBI by the CVC Act (2003) that guarantees that there’s no interference in the corporation’s investigations.
- Even the CVC cannot meddle with the way of research; its superintendence is confined to broader oversight.
Challenges and Criticisms
- Administrative Autonomy: The CBI’s senior officer appointments generally depend upon deputation from the country or other critical forces. It can affect its independence.
- An ordinance handed in 2021 prolonged the tenures of CBI administrators from 2 to 5 years, with annual extensions. It was argued that extension of tenure undermines institutional tests and balances.
- Financial Dependence: The CBI lacks complete economic autonomy, as its administrative and financial control rests with the Ministry of Personnel.
- Lack of Resources: The lack of modern infrastructure, forensic labs, and technical professionals hampers the quality and speed of investigations.
- Coordination Issue: There are coordination issues with state police and different investigative businesses, leading to gaps in intelligence sharing and joint operations.
Way Ahead & Conclusion
- As the CBI maintains its vital role in investigating excessive-profile cases, it should attempt to be extra than a mere “parrot” repeating others’ words.
- Granting the Central Bureau of Investigation (CBI) statutory repute via a committed law, in preference to counting on the Delhi Special Police Establishment Act, 1946, will provide clarity and independence.
- The Second Administrative Reforms Commission (ARC) advocated the CBI’s structural independence to guard it from the effect on.
- The CBI must put money into modern generation, training, and infrastructure to decorate its efficiency in coping with complicated investigations and cases involving financial offenses, cybercrimes, and corruption.
- Court-monitored investigations and putting in place a mechanism for suo moto investigations ought to ensure independence in sensitive cases.
Source: Indian Express