Revisiting Reforms in the Central Bureau of Investigation: Three Decades of the Supreme Courts decision in Vineet Narain v Union of India and A Journey Ahead

Investigation of crime is considered as the bedrock of the Criminal Justice System. The success of the Justice System is largely depends on the efficient and effective investigation agency. In India, the Constitutional scheme provides for investigation as a State subject. However, the Central Government, by virtue of its powers under the Union List, entry 8, has created a specialised investigation agency, the Central Bureau of Investigation. The Central Bureau of Investigation is a premier investigation agency in India. It derives its power to conduct investigations from the Delhi Special Police Establishment (DSPE) Act, 1946. The Act confers jurisdiction on the CBI to investigate offences in Union Territories only. However, its jurisdiction can be extended by the Central Government to other areas, including Railways and States. In case of States, the CBI cannot exercise its powers except with the consent of the concerned State Government. While the Central Vigilance Commission has the power to supervise the working of CBI in corruption related matters, for all other matters, the Central Government exercises its supervision. While the investigation of the CBI has been acknowledged and appreciated by the Central and State Governments and the Constitutional Courts, there have been instances of serious investigative lapses and consequent allegations of bias and inaction on the part of the CBI. One such example is Vineet Narain v. Union of India. To overcome these problems, the Supreme Court has given many directions for the autonomous and efficient working of the CBI. The direction includes to set-up a mechanism for selections/appointments, transfers of senior officers and fixing tenure, ensuring full freedom in work allocation, including the constitution of investigation teams and time limit for sanction for prosecution of public servants, etc. The present paper is an analytical study of how the Parliament and Central Government have implemented some of the directions given by the Supreme Court in Vineet Narain and avoided the implementation of some of them over the last three decades, and how it is high time to implement the remaining directions.