Subordination of investigative agencies to the executive is fraught with disastrous consequences. Discuss the statement in light of the criticism of the Central Bureau of Investigation as 'caged parrot'.
Lokpal and Lokayuktas are statutory institutions created under the Lokpal & Lokayukta Act 2013. They perform the function of an ombudsman by examining into the complaints of corruption against the public officials, thereby embodying at the demands of the people for ensuring clean governance. As an anti-corruption watchdog, perform functions1. Exercise superintendence & give direction to CBI in cases referred to CBI by them under Prevention of Corruption Act 1988. 2. Power to recommend transfer/suspension of public servant in corruption cases. 3. Form & uphold election - judicial expertise and impartial inquiry of non-violent persons keep in doing complete global. 4. Power to search/seize/confiscate of assets. 5. Uses defined time period - ex: preliminary enquiry to complete within 3 months. 6. Increased powers of CBI Act: - Transfer of CBI officers on their affiance (on cases referred by them) - Length declaration of funds However, they also suffer from issues like 1. CBI take suo moto action 2. Judiciary not invaded 3. Non-transparent manner are PM (antecedent security foreign relations, et. excluded) 4. Time limit of 7+ days 5. Executive interference - hamper independence of institution 6. No protection to whistleblowers 7. High penalty on frivolous complaints 8. Anonymous complaints not accepted. Therefore, it's necessary to strengthen the institutions of Lokpal & Lokayukta structurally & functionally by pursuing complete independence, constitutional status transparency appointment, et. to ensure their efficiency in tackling corruption and truly as watchdog against it.
2CBI (Central Bureau of Investigation) is the premier investigative agency of the government of India. It's neither statutory nor constitutional but was formed by an executive order of the Home Ministry in 1963 and derives its powers from the Delhi special police establishment Act 1946. During its axiom leading to high executive interference, Supreme Court in Vineet Narain case. Subordination of investigative agencies let CBI to the ex-central open have disastrous consequences: (1) Political character → undermines federalism en: states withdrawing general consent. (2) Corruption → leads to favouritism corrupt & interest in disqualify duties. (3) ATI exemptions → CBI unavoidable to public. (4) Ineffective in checking corruption - en: Jain Hawala case → led to CUC Act 2003 for handling cases under Prevention of Corruption 1988. (5) Increased pendency are + political bias 2022 → >1000 cases - for significant backlog. (6) Addiction to CBI being ineffective in investigation and inspectorate ensuring reality despite being the specialized open.
Hence adequate independence shared be given to the CBI but at the same time preventing it from becoming a super-executive. Structural and functional reforms are needed like making the appointment process more transparent, clearly defined powers and authority to USA, and so on to exercise reduce the trust deficit of the people in these investigative agencies and at the same time ensuring that they function effectively in maintaining national security and society in our country.
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Conclusion
Hence adequate independence shared be given to the CBI but at the same time preventing it from becoming a super-executive. Structural and functional reforms are needed like making the appointment process more transparent, clearly defined powers and authority to USA, and so on to exercise reduce the trust deficit of the people in these investigative agencies and at the same time ensuring that they function effectively in maintaining national security and society in our country.