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The Central Bureau of Investigation (CBI) functions under the administrative control of which Ministry, and why has this raised concerns about its independence?
- Ministry of Home Affairs; because it handles internal security
- Department of Personnel and Training (DoPT) in Ministry of Personnel; because executive control may influence investigations
- Ministry of Finance; because it investigates financial crimes
- Ministry of Law and Justice; because it handles legal prosecutions
Answer: Department of Personnel and Training (DoPT) in Ministry of Personnel; because executive control may influence investigations
CBI administrative control and independence: (a) Legal basis: CBI established under Delhi Special Police Establishment Act, 1946; not a constitutional/statutory body like CVC, NHRC, (b) Administrative control: Functions under DoPT, Ministry of Personnel, Public Grievances and Pensions; Director appointed by Central Government, (c) Independence concerns: (i) Executive influence: DoPT control may enable political interference in investigations, especially against ruling party members, (ii) Consent requirement: CBI needs State government consent to investigate in States; political considerations may affect consent, (iii) Supervision: CVC exercises superintendence over CBI's anti-corruption work, but DoPT retains administrative control, (d) Supreme Court directions: (i) Vineet Narain case (1997): Directed measures to ensure CBI independence, including fixed tenure for Director, (ii) Recent judgments: Emphasized need for institutional independence, transparency in appointments, (e) Reform proposals: (i) Statutory status: Enact CBI Act to define powers, safeguards, (ii) Independent oversight: Multi-member board for appointments, removals, (iii) Federal consent: Streamline consent procedure for State investigations, (f) Illustrates accountability tension: CBI's effectiveness depends on independence from executive; administrative control under DoPT raises concerns about political interference in sensitive investigations.