The Central government has turned down the recommendation of a Parliamentary Committee to come up with a new law for the Central Bureau of Investigation (CBI), to replace the 70-year-old Delhi Special Police Establishment (DSPE) Act which governs the agency, stating that it might impinge on the federal structure of the Constitution.

Strengthening CBI

The 85th report of the Department-Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, chaired by MP Anand Sharma, was tabled in Parliament on Tuesday. The report strongly recommended that the Department of Personnel and Training (DoPT) revisit the 24th report of the committee on “The Working of the Central Bureau of Investigation.”

“With cases being referred by States and courts to the CBI for investigation, the Committee acknowledges the burden of load bestowed upon it. However, it is of the concerted view that the CBI turn to the State or other Central Forces to plug the vacancy in the establishment. It, therefore, desires that the CBI manage its cadre more efficiently and the DoPT should take holistic steps to hasten the part of recruitment in consultation with the UPSC,” said the panel, referring to the 24th report.

‘Violates federal structure’

In its action-taken reply, the DoPT said the agency, since the submission of the 24th report, had grown into a more dynamic and efficient organisation. It also listed the measures taken to strengthen the CBI.

“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,” said the DoPT. “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.

The committee, in its subsequent remarks, said it was of the view that the powers given to CBI under the DSPE Act were not adequate. In this context, the panel recommended a separate statute for the CBI. “The apprehensions raised have been answered in the Twenty-fourth report of panel. ”