History of the Formation of Central Bureau of Investigation (CBI) : Motto, Mission and Vision of CBI

Central Bureau of Investigation (CBI) of India, their Motto & Vision and Appointment Proceedure of the Director of CBI 

At an early stage of World War-II, the Government of India realised that vast increase in expenditure for war efforts had provided opportunities to unscrupulous and anti-social persons, both officials and non-officials, for indulging in bribery and corruption at the cost of public and the Government.

It was felt that Police and other Law Enforcement Agencies under the State Governments were not in a position to cope with the situation.

An Executive Order was, therefore, passed by the Government of India in 1941, setting up the Special Police Establishment (SPE) under a Deputy Inspector General (DIG) in the then Department of War with mandate to investigate cases of bribery and corruption in transactions with which War and Supply Department of the Government of India was concerned.

At the end of 1942, the activities of the SPE were extended to include cases of corruption on Railways also, presumably because the Railways were vitally concerned with movement and supply of war materials.

In 1943, an Ordinance was issued by the Government of India, by which a Special Police Force was constituted and vested with powers for the investigation of certain offences committed in connection with the departments of the Central Government committed anywhere in British India.

As a need for a Central Government Agency to investigate cases of bribery and corruption was felt even after the end of the war, the Ordinance issued in 1943, which had lapsed on 30th September, 1946 was replaced by Delhi Special Police Establishment Ordinance of 1946. Subsequently, the same year Delhi Special Police Establishment Act, 1946 was brought into existence.

The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs, based on the recommendation of the Santhanam Committee on Prevention of Corruption (1962–1964).

The CBI is not a statutory body, as it derives its powers from the Delhi Special Police Establishment Act, 1946, as amended from time to time.

Currently, the CBI works under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Greievances and Pensions. The CBI enjoys the status of attached office.

The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration. It also provides assistance to the Central Vigilance Commission and Lokpal.

Motto, Mission and Vision of CBI

Motto of CBI :

Industry, Impartiality and Integrity

Mission of CBI :

To uphold the Constitution of India and law of the land through in-depth investigation and successful prosecution of offences; to provide leadership and direction to police forces and to act as the nodal agency for enhancing inter-state and international cooperation in law enforcement.

Vision of CBI :

Based on its motto, mission and the need to develop professionalism, transparency, adaptability to change and use of science and technology in its working, the CBI will focus on:

Combating corruption in public life, curb economic and violent crimes through meticulous investigation and prosecution.

Evolve effective systems and procedures for successful investigation and prosecution of cases in various law courts.

Help fight cyber and high technology crime.

Create a healthy work environment that encourages team-building, free communication and mutual trust. 

Support state police organizations and law enforcement agencies in national and international cooperation particularly relating to enquiries and investigation of cases.

Play a lead role in the war against national and transnational organized crime.

Uphold Human Rights, protect the environment, arts, antiques and heritage of our civilization.

Develop a scientific temper, humanism and the spirit of inquiry and reform.

Strive for excellence and professionalism in all spheres of functioning so that the organization rises to high levels of endeavor and achievement.

Over the years, the Central Bureau of Investigation (CBI) has emerged as a premier investigating agency of the country which enjoys the trust of the people, Parliament, Judiciary and the Government. In the last 75 years, the organisation has evolved from an anti corruption agency to a multi faceted, multi disciplinary central police law enforcement agency with capability, credibility and legal mandate to investigate and prosecute offences anywhere in India. As on date, offences under 69 existing Central and 18 State Acts, 231 offences under the Indian Penal Code have been notified by the Central Government under section 3 of the DSPE Act.

Appointment of the Director of CBI

The CBI is headed by a Director, who is an Officer belonging to the Indian Police Service (IPS).

The Director of CBI is appointed by the Central Government as per Section 4A(1) of the Delhi Special Police Establishment Act, 1946, as amended from time to time.

The Section 4A(1) of the Delhi Special Police Establishment Act, 1946, as amended, is as follows:

(1) The Central Government shall appoint the Director on the recommendation of the Committee consisting of:

(a) the Prime Minister, as Chairperson;

(b) the Leader of Opposition recognised as such in the House of the People or where there is no such Leader of Opposition, then the Leader of the single largest Opposition Party in that House, as Member; and

(c) the Chief Justice of India or Judge of the Supreme Court nominated by him, as Member.

(2) No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee.

(3) The Committee shall recommend a panel of officers—

(a) on the basis of seniority, integrity and experience in the investigation of anti-corruption cases; and

(b) chosen from amongst officers belonging to the Indian Police Service constituted under the All-India Services Act, 1951, for being considered for appointment as the Director.

Accordingly, the CBI Director is appointed by the Central Government, as approved by the Appointment Committees of Cabinet (ACC), based on recommendation of the high level three-member Selection Committee consisting of the Prime Minister as Chairperson, the Leader of the single largest Opposition party in the Lok Sabha and the Chief Justice of India (or Judge of the Supreme Court nominated by CJI).

"The Director of CBI shall, notwithstanding anything to the contrary contained in the rules relating to his conditions of service, continue to hold office for a period of not less than two years from the date on which he assumes office" as amended by the CVC Act, 2003, by inserting Section 4B under Delhi Special Police Establishment Act, 1946.

SC Judgements related to the appointment of CBI Director

In the Vineet Narain & Others versus Union of India judgment of 1998, the Supreme Court held as "the Director, CBI shall have a minimum tenure of two years, regardless of the date of his superannuation. This would ensure that an officer suitable in all respects is not ignored merely because he has less than two years to superannuate from the date of his appointment. The transfer of an incumber Director, CBI in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the Selection Committee."

The Supreme Court in Union of India versus C. Dinakar, 2001 case in the context of appointment of CBI Director has held that “ordinarily IPS officers of the senior most four batches in service on the date of retirement of CBI Director, irrespective of their empanelment, shall be eligible for consideration for appointment to the post of CBI Director ".

Rule of minimum six months' residual tenure

The rule of minimum six months' residual tenure was introduced by the Supreme Court, in the order of Prakash Singh case, on 13th March, 2019.

The order in the Prakash Singh case pronounced by a three-judge Bench led by then Chief Justice of India, Ranjan Gogoi, had clarified that the “recommendation for appointment to the post of Director General of Police by the Union Public Service Commission and preparation of panel should be purely on the basis of merit from officers who have a minimum residual tenure of six months, that is, officers who have at least six months of service prior to retirement”.

Though the order in the Prakash Singh case pertained to the appointment of DGPs, it was extended to the appointment of CBI Director also.

The apex court had indicated the possibility that officers with only a few days of service may be in an insecure state of mind.

In the Prakash Singh case, the Supreme Court had stressed the point that appointment of DGPs “should be purely on the basis of merit and to insulate the office from all kinds of influences and pressures”.

The Appointments Committee of the Cabinet has, based on the panel recommended by the Committee, approved the appointment of Subodh Kumar Jaiswal as the new director of the Central Bureau of Investigation (CBI) on 25th May, 2021. The rule of minimum six months' residual tenure was applied for the first time in this appointment of CBI Director.

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