SUPREME COURT’S "CAGED PARROT" REMARK ON CENTRAL BUREAU OF INVESTIGATION (CBI)

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Context:

The Supreme Court referred to the CBI as a "Caged Parrot" highlighting that the agency must overcome its reputation for government control and give greater independence in its investigations.

Details

• The term "caged parrot" has emerged as a powerful metaphor in Indian judicial and political discourse regarding the Central Bureau of Investigation (CBI).
• This phrase was first used in 2013 by Justice R.M. Lodha reappeared in a 2024 judgement by Justice Ujjal Bhuyan.
  • • Both incidents raise questions about the CBI's autonomy and efficiency in dealing with high-profile corruption investigations.
• The CBI's "caged parrot" image impacts its credibility by eroding public trust in its ability to conduct independent investigations.

About Central Bureau of Investigation (CBI)

• The CBI's origins can be traced back to 1941 when the Special Police Establishment was established to investigate bribery and corruption charges.
  • • The Delhi Special Police Establishment Act of 1946 broadened the Special Police Establishment's jurisdiction to include all Central Government ministries after the war.
• The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel, Public Grievances, and Pensions.
• The CBI's authority is derived from the Delhi Special Police Establishment Act of 1946, hence it is neither a constitutional nor statutory body.
• The CBI's motto, "Industry, Impartiality, and Integrity," reflects the organization's objective of upholding the Constitution and the rule of law via comprehensive inquiry and prosecution.

Structure and Composition

• The CBI is headed by a Director. He is appointed by the Union Government based on the recommendations from a three-member Appointment Committee;
  • • The Prime Minister (Chairs the appointment committee)
    • Leader of the Opposition (LoP) in the Lok Sabha
    • The Chief Justice of India, or a Supreme Court judge recommended by him
• The Central Vigilance Commission (CVC) Act 2003 provides a fixed two-year tenure for the Director of CBI to ensure stability and reduce political interference.
• The CBI operates under the Department of Personnel in the Ministry of Personnel, with the Central Vigilance Commission (CVC) overseeing corruption investigations.
• The CBI investigates corruption, economic offences, and serious crimes with national and international implications.
• The CBI requires either General Consent or Case-Specific Consent from state governments to investigate within their territories.
  • • General Consent allows the CBI to investigate any case within a state, while Case-Specific Consent is needed for individual investigations if General Consent is not provided.

Challenges in the functioning of CBI

• CBI has been called a "caged parrot" due to allegations of political influence in its investigations.
• It reports to the Department of Personnel and Training (DoPT) under the Prime Minister's Office (PMO). This reduces its autonomy in politically sensitive cases.
• It can only take up cases referred to it by state governments or directed by the Supreme Court/High Courts. This limits its ability to initiate investigations.
  • • It requires state government consent for investigations in state jurisdiction.
• It lacks sufficient personnel, forensic experts, and legal officers impacting its ability to investigate cases on time.
  • • Parliamentary Standing Committee (2019) reported that 1,709 posts are vacant in the CBI, against its sanctioned strength of 7,295.
• The lack of modern infrastructure, forensic labs, and technical experts hampers the quality and speed of investigations.
• There are coordination issues with state police and other investigative agencies, leading to gaps in intelligence sharing and joint operations.
• The judiciary and the public have questioned the CBI's credibility due to its handling of several controversial cases and allegations of bias.

Way Forward for CBI

• The CBI should be made an autonomous body like the Election Commission of India (ECI) with direct accountability to the Parliament.
  • • The Second Administrative Reforms Commission (ARC) recommended the CBI's structural independence to shield it from executive influence.
    • Set up an independent authority for oversight and supervision of the CBI, comprising retired judges or independent experts.
• The Director is appointed by a committee including the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
  • • Involving civil society or retired judges in the appointment process to increase transparency and reduce bias.
• There is a need to set up a parliamentary committee to review CBI performance annually and publish findings.
• The government should clarify the relationship between states and the CBI and consider a constitutional amendment for broader jurisdiction.
• Invest in specialized training and recruitment, including cybercrime, economic offences, and forensic investigations.
  • • The Standing Committee on Personnel, Public Grievances, Law and Justice (2018) reported that the CBI needs to increase its expertise in white-collar crime.
• Integrate Artificial Intelligence (AI) and blockchain for tracking evidence and enhance cybercrime investigation capacities to improve the CBI's working efficiency.

Conclusion

The frequent use of the "caged parrot" metaphor indicates a larger need for institutional reforms to increase the CBI's autonomy. Legislative initiatives, such as increasing legislative safeguards to shield the CBI from political meddling, could help it regain confidence.

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 Source:

Indian Express

The Hindu

PRACTICE QUESTION Q.Critically analyse the challenges faced by the Central Bureau of Investigation (CBI) in ensuring its autonomy and impartiality. How does it impact credibility, and what measures can be taken to address them? (250 Words)