CBI Director Appointment: What the Law Says
- vidyarthee2021
- 1 day ago
- 2 min read
A recent meeting of the high-level committee responsible for recommending the next CBI Director ended in a deadlock, with no consensus reached. This brings attention to the crucial appointment process of one of India’s top investigative agencies.
Legal Framework for Appointment
The appointment of the Director of the Central Bureau of Investigation (CBI) is governed by the Delhi Special Police Establishment (DSPE) Act, 1946.
The Central Government appoints the CBI Director based on the recommendation of a high-powered committee.
Composition of the Selection Committee
As per the DSPE Act (as amended):
Prime Minister – Chairperson
Chief Justice of India, or a Supreme Court judge nominated by the CJI
Leader of Opposition in Lok Sabha, or the leader of the largest opposition party in Lok Sabha
This structure aims to ensure transparency, independence, and bipartisan consensus in the appointment process.
Tenure of the CBI Director
Fixed term: 2 years
Extension: Can be extended up to 3 additional years, but only one year at a time.
The change in tenure structure was introduced through the Central Vigilance Commission (Amendment) Act, 2021.
Relevance for UPSC
Relevant for GS Paper 2 – Polity and Governance
Demonstrates principles of checks and balances, judicial oversight, and institutional autonomy
Helps understand the structure of India’s anti-corruption and law enforcement framework
UPSC Prelims Question
Consider the following statements regarding the appointment of the CBI Director:
The CBI Director is appointed by the President of India.
The selection committee includes the Prime Minister, the Chief Justice of India, and the Leader of Opposition in Lok Sabha.
The tenure of the CBI Director is fixed at 5 years without extension.
Which of the statements given above is/are correct?
(a) 2 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a) 2 only
Explanation:
Statement 1 is incorrect – The Central Government appoints the CBI Director, not the President.
Statement 2 is correct – The committee is defined by the DSPE Act.
Statement 3 is incorrect – The tenure is 2 years, extendable by 1 year at a time, up to a maximum of 5 years.
UPSC Mains Question
Discuss the role and independence of the Central Bureau of Investigation (CBI) in India. Critically evaluate the significance of the selection process of its Director in ensuring the agency's autonomy. (GS Paper 3)
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