Proposes Separate Law For CBI;
NDTV, February 08, 2017
inadequate the powers given to CBI, a parliamentary committee
has suggested separate statute for the premier probe agency to
replace the more than 70-year-old legislation that mandates its
working at present.
The Delhi Special Police Establishment (DSPE) Act, 1946 governs
the working of the Central Bureau of Investigation.
"The Committee is of the view that the powers given to the CBI
under the DSPE Act are not adequate considering the pace of
changing times and in this context, the Committee recommended
for a separate statute for the CBI," Department-Related
Parliamentary Standing Committee on Personnel, Public
Grievances, Law and Justice said in its recent report.
The panel had in its earlier report opined that not granting
ample powers to the CBI amounts to degrading the status of the
"The Committee is of the view that the CBI is the only agency in
India which has acquired and accumulated the necessary expertise
in successfully investigating wide hues of transnational,
terrorist and organised crimes and that enacting an enabling
legislation for the CBI will be a major step toward evolving it
into an independent and accountable agency which specialises in
prevention, investigation and prosecution of crimes," it had
The Department of Personnel and Training (DoPT) in its reply
said the CBI has grown into more dynamic and efficient
organisation since the submission of the panel's report (that
had recommended separate legislation).
"The subject of bringing a separate statute for the CBI has been
considered and it has been concluded that the Constitution would
require to be amended, which may also impinge on the federal
structure of the Constitution and the mandate of Parliament to
enact a law which would be in conflict with Entry 2 of List II
which is in the domain of the States."
"Therefore, it is not open to the central government to
constitute a CBI and confer on it powers which will impinge on
all the powers of investigation of offences which are conferred
on the state police," it said.
To this, the panel
said all apprehensions of the DoPT have already been addressed
in earlier reports and reiterated its observation of having a
separate legislation to govern the working of the CBI.
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