Changes in CBI chief selection
Ridhima Malhotra
New Delhi, July 3
The affidavit of the government on the recommendations of a group of ministers on how to ensure the autonomy of the CBI says a committee, under the chairmanship of the Prime Minister and comprising the Chief Justice of India or a Supreme Court sitting judge and the Leader of the Opposition in the Lok Sabha, will choose the CBI director.
At present, the director is appointed by the Centre from a panel of officers recommended by a committee comprising the chairperson of the CVC, vigilance commissioners, the home secretary and secretary (coordination and public grievances) in the Cabinet Secretariat.
The Centre said the CBI director “shall be removed from his office only by order of the President on grounds of proved misbehaviour or incapacity after the CVC, on a reference made to him by the President, has, on inquiry, reported that the director is guilty of the charged misbehaviour or incapacity.”
The affidavit said a bill would be introduced in Parliament to ensure the agency’s financial autonomy. It has also proposed to insert two new provisions in the existing law for establishing an “Accountability Comm-ission” to entertain and inquire into “allegations of misbehaviour, incapacity, impropriety or irregularities” of CBI officials. “The Accountability Comm-ission shall at the end of every year prepare a detailed annual report of its activities and place the same before both Houses of Parliament for their consideration...,” the document said. The affidavit said the CVC will have the power of superintendence and administration over the CBI for all cases to be probed under the Prevention of Corruption Act but such power would vest in the Centre for the rest of the cases.
The government said the CBI would have power to go ahead with prosecution for its officials if the Centre does not grant sanction within three months.
“The commission shall consist of three whole time members to be appointed by the President from amongst the retired judges of the Supreme Court or the high courts and the senior-most judge amongst them shall be designated as the chairperson. The CVC shall be ex-officio member of the commission,” the Centre said.
The government also told the SC that CBI director (prosecution) will be appointed by the Centre on the recommendation of a selection committee which would be headed by the CVC.