UPSC Mains 2021 · GS II · Q11 · 15 marks · 250 words

The jurisdiction of the Central Bureau of Investigation (CBI) regarding lodging an FIR and conducting probe within a particular State is being questioned by various States. However, the power of the States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India.

हिन्दी में

एक राज्य-विशेष के अन्दर प्रथम सूचना रिपोर्ट दायर करने तथा जाँच करने के केन्द्रीय अन्वेषण ब्यूरो (सी० बी० आइ०) के क्षेत्राधिकार पर कई राज्य प्रश्न उठा रहे हैं। हालांकि, सी० बी० आइ० जाँच के लिए राज्यों द्वारा दी गई सहमति को रोके रखने की शक्ति आत्यंतिक नहीं है। भारत के संघीय ढाँचे के विशेष संदर्भ में विवेचना कीजिए।

How a topper answered the closest question

Toppers wrote this one in a test series: “While the Central Bureau of Investigation (CBI) plays a crucial role in combating corruption, its functioning is often criticized for being partisan and acting against the federal spirit. Discuss with the help of suitable examples.”

Sanskriti TrivedyAIR 17 · CSE 2024 · 246 wordsTheir whole copy

Opening · a definition

CBI is a investigative body formed under DPSE Act 1946 and is further operationalised through CVC Act 2003 and Lokpal Act 2013.

Body · points

CBI - in combating corruption

  1. has important role in Prevention of Corruption Act investigations.
  2. works closely with other bodies like CVC, Lokpal and ED to seek accountability.
  3. has held public servants and public policies under radar.

Some success stories → 2G scam, Adarsh society

But criticism due to partisan is seen as

  1. Justice Lodha said that due to central appointment CBI is caged parrot and only speaks master's voice.
  2. Lack of transparency and autonomy in functions as often gets bypassed under section 8 of RTI because deals with sensitive cases.
  3. Used for settling political vendetta by ruling parties as often very low conviction.
  4. Tampering with evidence.

Criticism - against federal spirit

  1. As central body, takes precedence over state police (police = state list).
  2. Despite having general consent provision; the consent is bypassed.
  3. Used mostly in cases of states not ruled by the ruling party at the centre.

However certain positive roles -

(1.) Interpol appreciates its functioning (2.) Speedy investigations conducted (3.) Recently using high level tech for thorough investigations

In this situation Reforms -

(1.) As per Vineet Narain case give it legal structure as per CVC (2.) L.K Mishra committee also suggests transparency.

Close · a way forward

As India is moving towards 'clean government' (budget 2018) need to reform and trust build in institutions like CBI

5 more toppers’ answers to this question, part by part, and how they all approached it: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2021, General Studies Paper II, Q11. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.