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