Assess the need to redefine CBI mandate: Parliament panel to government

New Delhi, December 19

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The parliamentary committee on personnel, law and justice has asked the government to assess the need to amend the existing law or enact a new one to clearly define the mandate of the Central Bureau of Investigation in the wake of eight states withdrawing general consent to the probe agency for investigations.

Why the directions

• The recommendation has been made by a parliamentary committee on law and justice
• Directions come in wake of 8 states withdrawing general consent to the CBI for probe
• The states include West Bengal, Punjab, Rajasthan, Jharkhand, Chhattisgarh and Kerala

1,007 vacancies in CBI

Of the 1,007 vacancies, 822 are in CBI’s executive ranks, 88 of law officers and 97 of technical officers (as of January 31, 2021)

In its report to Parliament last week, the committee, chaired by BJP’s Sushil Kumar Modi, agreed with the view of the CBI that withdrawal of general consent impeded investigations.

Eight states have currently withdrawn the general consent to the CBI on a case-to-case basis. These include West Bengal, Punjab, Rajasthan, Jharkhand, Chhattisgarh and Kerala.

“The committee agrees with the view of the CBI that withdrawal of general consent by states impedes investigation. The committee recommends the government to assess if there is a need to amend the existing laws or bring out a new legislation altogether in order to clearly define the mandate of the CBI and vest more powers in it,” said the panel.

It also noted with concern that the CBI had not submitted a view to the panel on whether there was a need to amend existing laws or enact a new one. “The committee would like the CBI to state its opinion regarding the matter,” the panel said.

The Ministry of Personnel, in its reply on the question of general consent, told the committee that state governments had withdrawn general consent under Section 6 of the Delhi Special Police Establishment Act, 1946, to the CBI for conducting investigations in the state (not being a UT or railway area) and they were now giving the requisite consent on a case-to-case basis.

Recently, in response to a case wherein the West Bengal Government had challenged a CBI move to probe several cases after the state withdrew general consent, the Centre had stated in an affidavit before the Supreme Court that the CBI was an autonomous body and was entitled to investigate charges against Union Government employees without the consent of a state government.

The Centre had also said that no state could withdraw general consent to the CBI through an omnibus order but could do the same on a case-to-case basis after due application of mind, keeping larger public interest in mind.

The parliamentary panel in its report also flagged 1,007 vacancies in the CBI ranks. It said 822 vacancies existed in CBI’s executive ranks, 88 of law officers and 97 of technical officers as of January 31, 2021.

“The committee recommends the CBI to prepare a roadmap as to how and by when it plans to fill such a large number of vacancies. The committee also hopes that cadre restructuring exercise in the CBI is initiated soon,” the panel report said.

It said the performance of the CBI was invariably linked to the strength and quality of its personnel. “An organisation is only as good as its people and an understaffed organisation is usually overburdened. The CBI is in grave need of cadre restructuring,” the committee said. — TNS