APPOINTMENT OF CBI DIRECTOR
What is the news : Subodh Kumar Jaiswal appointed as new CBI Director
- The CBI is headed by a Director.
- The Director of CBI as Inspector General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation.
- With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government to save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission.
- The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.
The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to appointment of the Director of CBI:
- The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha and the Chief Justice of India or Judge of the Supreme Court nominated by him.
- Later, the Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of C.B.I.
- It states that where there is no recognized leader of opposition in the Lok Sabha, then the leader of the single largest opposition party in the Lok Sabha would be a member of that committee.
Central Bureau of Investigation (CBI):
- The CBI was set up in 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) of the Ministry of Personnel, Public Grievances and Pensions.
- The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).
- The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.
- The CBI is the main investigating agency of the Central Government.
- It also provides assistance to the Central Vigilance Commission and Lokpal.
- It is also the nodal police agency in India which coordinates investigation on behalf of Interpol Member countries.
ROLE OF CJI IN CBI APPOINTMENT
- Chief Justice of India N.V. Ramana’s opinion in the high-level committee to avoid officers with less than six months left to retire for appointment as CBI Director is a simple “statement of law”
- The Role played by CJI made it sure that the committee’s selection of officers should be able to withstand the “scrutiny of law in the future”.
Points noted by CJI-
- Officers with a “few days left” in service should not be considered. In this context, 10 of the senior most officers of the 1984 batch, scheduled to retire soon, were not considered
- The six-month minimum residual tenure rule was introduced by the Supreme Court in a March 13, 2019 order.