Why in News?

A writ petition has been filed seeking the appointment of a regular CBI Director.

About CBI:

• Central Bureau of Investigation (CBI) is the premier investigating police agency in India and functions under the administrative superintendence of the of Personnel, Ministry of Personnel, Pension & Public Grievances.
• This ministry is directly under PMO.
• For investigations of offences under the Prevention of Corruption Act, its superintendence vests with the Central Vigilance Commission.
• It is the nodal police agency in India to coordinate the investigation on behalf of Interpol Member countries.
• It is a non-statutory body deriving its power from Delhi Special Police Establishment (DSPE) Act, 1946.
• Types of Cases Handled by the CBI:
  • Anti-Corruption Crimes – Under the Prevention of Corruption Act (PCA)
  • Economic Crimes – for investigation of major financial scams and serious economic frauds.
  • Special Crimes – for investigation of serious and organized crime under the Indian Penal Code and other laws on the requests of State Governments or on the orders of the Supreme Court and High Courts.
  • Suo Moto Casesonly in the Union Territories.

Other Takeaways:

• The GoI can authorize CBI to investigate a crime in any state only with the consent of the concerned State Government.
• The Supreme Court and High Courts can order CBI investigation in a crime anywhere in the country even without the consent of the State.
• The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962–1964).

Director of CBI:

• Till 2014, the Director of CBI was appointed on the basis of the DSPE Act, 1946.
• The Lokpal Act, 2014 provided a committee for appointment of CBI Director:
  • Headed by Prime Minister
  • Leader of Opposition/ Leader of the single largest opposition party,
  • Chief Justice of India/ a Supreme Court Judge.
• Director of CBI is provided security of two-year tenure, under the CVC Act, 2003.