TESTING_PAGE

Context:

  • Ruling Governments are often accused of misusing the power of various agencies under their jurisdiction.
  •  In the recent meeting of the I.N.D.I.A bloc with the Election Commission, the I.N.D.I.A bloc alleged that the central government has indulged in "blatant and brazen" use of state power, citing instances such as the arrest of a sitting Chief Minister of Delhi.

1. Highlight the key differences & similarities between ED and CBI?

Feature ED CBI
About the body
  • The Directorate of Enforcement is a multi-disciplinary organization mandated with investigation of offenses of money laundering and violations of foreign exchange laws. 
  • It functions under the Department of Revenue of the Ministry of Finance.
  • The origin of this Directorate goes back to 1st May, 1956, when an ‘Enforcement Unit’ was formed in the Department of Economic Affairs for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947 (FERA ’47).
  • In 1957, this Unit was renamed as ‘Enforcement Directorate’, and another branch was opened at Madras (now Chennai).
  •  The Central Bureau of Investigation (CBI) was established by a resolution of the Ministry of Home Affairs, Government of India, dated April 1, 1963.
  • The CBI is not a statutory body but derives its power to investigate from the Delhi Special Police Establishment Act, 1946.
  • The CBI functions under the Ministry of Personnel, Public Grievances and Pensions of the central government.
  • The CBI came into being during World War II, when the colonial government felt the need to probe cases of corruption in the War and Supply Department. A law came in 1941. It became the DSPE Act in 1946.
Role of CVC:
  • The Central Vigilance Commission (CVC) exercises superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offenses under the Prevention of Corruption Act, 1988; or offenses under the Code of Criminal Procedure, 1973 for certain categories of public servants.
  • CVC also gives directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offenses under the Prevention of Corruption Act, 1988.
  • The Commission also reviews the progress of investigations conducted by the Delhi Special Police Establishment (CBI) into offenses alleged to have been committed under the Prevention of Corruption Act, 1988 or an offense 4 | P a g e under the Code of Criminal Procedure and review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
  • The appointment of the officers to the posts of the level of Deputy Director and above (including the Director) in the Directorate of Enforcement is recommended by a committee under the chairpersonship of Central Vigilance Commissioner and with Vigilance Commissioner and other officers of Government of India as members.
  • Further, the appointment of officers to the posts of the level of SP and above in the CBI (except Director, CBI) is recommended by a committee under the chairpersonship of Central Vigilance Commissioner and with Vigilance Commissioner 5 | P a g e and other officers of Government of India as members.
Appointment of Director
  • The ED Director is appointed by the central government on the recommendation of a committee: Chaired by the Central Vigilance Commissioner and Members comprising of Vigilance Commissioners, Home Secretary, Secretary DOPT and Revenue Secretary.
  • The Lokpal Act 2013 prescribed that the CBI director shall be appointed on the recommendation of a committee comprising the Prime Minister, Leader of the Opposition in the Lok Sabha and Chief Justice of India or a judge of the Supreme Court nominated by him
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