Union Government not in favour of new law for CBI

February 9, 2017

The Union Government has turned down the recommendation of Department-Related Parliamentary Standing Committee to come up with a new law for the Central Bureau of Investigation (CBI).
The parliamentary committee has recommended replacing Delhi Special Police Establishment (DSPE) Act, 1946 which governs CBI. Government stated that it might impinge on the federal structure of the Constitution.

Recommendations of Committee

Powers given to the CBI under the DSPE Act are not adequate considering the pace of changing times as it has grown into a more dynamic agency specialising in prevention, investigation and prosecution of crimes.
In this context, there is need for a separate statute for the CBI for making it an independent and accountable agency.

Government’s Position

Separate statute for the CBI will necessitate amendment of Constitution which may also impinge on the federal structure of the Constitution.
The mandate of Parliament to enact a law which would be in conflict with Entry 2 of List II of the Seventh Schedule which is in the domain of the States.
In this case, CBI may be conferred with powers which will impinge on all the powers of investigation of offences which are conferred on the State police.

About Central Bureau of Investigation (CBI)

CBI is the foremost investigative police agency in India. It is non constitutional and non-statutory body.
It was established in 1941 as Special Police Establishment and was renamed to present nomenclature in 1963.
Headquarters: New Delhi.
Motto: Industry, Impartiality, Integrity.
It derives power to investigate from Delhi Special Police Establishment Act, 1946.
It is under administrative control of Department of Personnel and Training (DoPT), Ministry of Personnel.

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