Topic: Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
1) India’s premier investigative agency- CBI, cannot be governed by British-era law. Do you agree. Comment.(250 words)
Why this question
CBI has of late been in news for the controversy surrounding the removal of its director. In this context it is important to discuss the law governing the premier investigation agency and the need to reform the same.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon.
Key demand of the question.
The question wants us to express our opinion as to whether the law governing the CBI needs to be revised or not. We have to form our opinion based on a proper discussion and presentation of valid arguments and facts.
Structure of the answer
Introduction- Write a few introductory lines about the CBI and the law governing it. E.g The Central Bureau of Investigation (CBI) owes its origin to the Special Police Establishment (SPE), which was established by the colonial government in 1941 through an executive order to deal with corruption involving war-time purchases and supplies. In 1946, the then government enacted the Delhi Special Police Establishment Act to give the organisation a statutory cover etc.
Discuss why the CBI cannot be governed by the anachronistic act. E.g The Act of 1946, which continues to govern the CBI, is a very small piece of legislation, comprising six sections. It permits the agency to investigate only those offences which are notified by the central government. The organisation cannot exercise its powers and jurisdiction in any area in a state without the consent of the government of that state. Without the state government’s invitation, the only way the CBI can work there is when the Supreme Court or some high court asks it to do so. The Act vests the superintendence of the CBI in the central government, though, now it vests partly in the Central Vigilance Commission (CVC), too; India is no longer the country of 1946 and CBI is no longer what the Delhi Special Police Establishment was in those days. The size of the organisation has expanded, the pattern and incidence of crime which it is required to investigate have altered, its charter of functions has enlarged considerably, the political environment in which it is functioning has been transformed, citizens’ expectations from this agency have grown, and the norms and standards of police investigation work all over the world have seen a sea change etc.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.