The Central Bureau of Investigation (CBI) is India's premier domestic crime investigating agency, functioning as an institution under the superintendence of the Department of Personnel, Ministry of Personnel, Public Grievances and Pensions. Its origins trace back to the Special Police Establishment (SPE), which was set up in 1941 by the Government of India to investigate bribery and corruption related to the War and Supply Department. The CBI was formally established in 1963 by an executive resolution of the Ministry of Home Affairs, based on the recommendations of the Santhanam Committee on Prevention of Corruption.
The CBI derives its legal authority from the Delhi Special Police Establishment (DSPE) Act, 1946, which provides the statutory backbone for its powers and jurisdiction. The Act initially created a special police force for the investigation of certain offenses in Union Territories. For the CBI to investigate a case within a State, it generally requires the consent of the concerned State Government under Section 6 of the DSPE Act, as policing is a State subject under the Indian Constitution. However, the Supreme Court and High Courts can direct the CBI to investigate a case anywhere in the country without the State's consent.
Key related concepts and acts include the Prevention of Corruption Act (PC Act), under which the CBI is the primary agency for investigating corruption cases involving Central Government employees. The appointment of the CBI Director is governed by a high-powered committee established by the Lokpal and Lokayuktas Act, 2013, which amended the DSPE Act. This committee includes the Prime Minister, the Leader of the Opposition, and the Chief Justice of India or a Supreme Court Judge. The CVC Act, 2003, secured a fixed two-year tenure for the CBI Director. A recent change occurred in 2021, when amendments to the DSPE Act allowed the Central Government to extend the Director's tenure up to a total of five years, one year at a time, overriding the previous fixed term. The Supreme Court, in Vineet Narain vs. Union of India (1997), mandated a fixed tenure for the CBI Director to insulate the agency from political interference.