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CBI is an Extra Constitutional Non Statutory Body.
It is not a Statutory Body because it was not created through an Act of Parliament, but by an Executive Resolution of the Govt. of India in 1963. Prior to it, CBI existed as Special Police Establishment.
Is extra constitutional and non constitutional the same??
Yes, both are used interchangeably. But non Constitutional sounds as if something against Constitutional provisions. So Extra Constitutional may be preferable.
I knew that some provisions of Lokpal and lokayukta act deal specifically with CBI.... Does the status of CBI remain same ie non statutory even after a central law having references to CBI. Is it the case that a body like CBI is statutory only when it is "created" by a legislation in specific or exclusively ? mere provisions from various acts as to its [cbi] functioning, powers are not suffice to call it a statutory body ?? What is the crux?
I knew that some provisions of Lokpal and lokayukta act deal specifically with CBI.... Does the status of CBI remain same ie non statutory even after a central law having references to CBI. Is it the case that a body like CBI is statutory only when it is "created" by a legislation in specific or exclusively ? mere provisions from various acts as to its [cbi] functioning, powers are not suffice to call it a statutory body ?? What is the crux?
The reference to CBI is incidental, and not specific. Mere reference in a law; not directly dealing with its powers, functioning, organizational structure, accountability mechanisms etc. does not make it a statutory body. Lokpal Act may define some of functions/powers, but CBI performs a lot more other functions. All of these still remain defined by the Executive orders.
Even SEBI was created with Executive Order, but given Statutory status in 1992 via SEBI Act. Same can happen to CBI if a specific act is passed in this regard.
remember ghuwhati HC declared DPSE act as null and void , hence till SC's stay CBI was unconstitutional ...... So i think you should go by sarkari record ( cbi.nic.in ) .
remember ghuwhati HC declared DPSE act as null and void , hence till SC's stay CBI was unconstitutional ...... So i think you should go by sarkari record ( cbi.nic.in )
No, this is not true. In fact, the very case you mentioned brings forward the problem in CBI's status.
"Only the Special Police Establishment, one of the Divisions of the CBI, derives its powers from the Delhi Special Police Establishment Act, 1946. This is why, there has been a demand from the CBI for decades for an exhaustive CBI Act which will confer on the executive divisions — the Anti-Corruption Wing, the Economic Offences Wing and the Special Crime Wing — powers of criminal investigation as set out in the Criminal Procedure Code"
"The absence of a clear legal link between the establishment of the CBI and the Delhi Special Police Establishment Act, 1946, the law under which the agency has been functioning for half a century, is indeed an irresistible point of law that was bound to be raised by someone some day. "
"The Special Police Establishment (SPE), formed in 1941 under the War Department to curb corruption, got statutory status under the Delhi SPE Act, 1946. Its work was transferred to the CBI as soon as it was formed in 1963 by a Resolution."
This was observed in HC's ruling:
"The investigating agency was constituted as an ad hoc measure to deal with certain exigencies"
"This measure, taken by the Union Government, was not in the form of any Ordinance; rather, constitution of the CBI was an executive decision and that too, without citing, or referring to, the source of power"
"Resolution does not refer to any provisions of the DSPE Act, 1946, as the source of CBI`s power."
SC has only stayed the HC order, but hasn't given final verdict. Legal experts are of opinion that Centre must bring a law giving statutory status to the CBI, else there are lots of merits in HC's order and SC may rule likewise.
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Comments
It is not a Statutory Body because it was not created through an Act of Parliament, but by an Executive Resolution of the Govt. of India in 1963. Prior to it, CBI existed as Special Police Establishment.
The word used is extra Constitutional.
But non Constitutional sounds as if something against Constitutional provisions. So Extra Constitutional may be preferable.
Even SEBI was created with Executive Order, but given Statutory status in 1992 via SEBI Act. Same can happen to CBI if a specific act is passed in this regard.
remember ghuwhati HC declared DPSE act as null and void , hence till SC's stay CBI was unconstitutional ...... So i think you should go by sarkari record ( cbi.nic.in ) .
Refer following links for greater clarity.
http://www.thehindu.com/news/national/separate-legislation-will-fortify-cbi-with-autonomy-says-raghavan/article5340195.ece
"Only the Special Police Establishment, one of the Divisions of the CBI, derives its powers from the Delhi Special Police Establishment Act, 1946. This is why, there has been a demand from the CBI for decades for an exhaustive CBI Act which will confer on the executive divisions — the Anti-Corruption Wing, the Economic Offences Wing and the Special Crime Wing — powers of criminal investigation as set out in the Criminal Procedure Code"
http://www.thehindu.com/opinion/editorial/an-opportunity-to-free-cbi/article5339885.ece
"The absence of a clear legal link between the establishment of the CBI and the Delhi Special Police Establishment Act, 1946, the law under which the agency has been functioning for half a century, is indeed an irresistible point of law that was bound to be raised by someone some day. "
"The Special Police Establishment (SPE), formed in 1941 under the War Department to curb corruption, got statutory status under the Delhi SPE Act, 1946. Its work was transferred to the CBI as soon as it was formed in 1963 by a Resolution."
This was observed in HC's ruling:
"The investigating agency was constituted as an ad hoc measure to deal with certain exigencies"
"This measure, taken by the Union Government, was not in the form of any Ordinance; rather, constitution of the CBI was an executive decision and that too, without citing, or referring to, the source of power"
"Resolution does not refer to any provisions of the DSPE Act, 1946, as the source of CBI`s power."
SC has only stayed the HC order, but hasn't given final verdict. Legal experts are of opinion that Centre must bring a law giving statutory status to the CBI, else there are lots of merits in HC's order and SC may rule likewise.