Q1. Under the Lokpal and Lokayuktas Act, 2013, which of the following correctly describes the appointment process for the Director of CBI when there is no recognized Leader of Opposition in Lok Sabha?
- The President appoints the Director based on Cabinet advice
- The Prime Minister alone recommends the appointment
- The leader of the largest opposition party is included in the selection committee
- The Chief Justice of India appoints the Director directly
Correct Option: 3. The leader of the largest opposition party is included in the selection committee.
Explanation: The 2014 amendment to the DSPE Act ensures that if there is no recognized LoP, the leader of the largest opposition party in the Lok Sabha becomes a member of the committee for selecting the Director of CBI.
Q2. Which legal argument was central to the Supreme Court’s striking down of Section 6A of the DSPE Act in 2014?
- It infringed upon Article 14 of the Constitution
- It failed to include judicial review provisions
- It violated federal principles
- It exceeded the powers of the executive
Correct Option: 1. It infringed upon Article 14 of the Constitution.
Explanation: Section 6A was struck down as it created unequal treatment among public servants by requiring prior sanction to investigate senior officials, violating Article 14 (equality before law).
What Was Section 6A?
Section 6A was inserted into the Delhi Special Police Establishment Act, 1946 through an amendment in 2003. It required the Central Bureau of Investigation (CBI) to get prior approval from the Central Government before initiating any investigation or even a preliminary inquiry against officers of the rank of Joint Secretary and above in corruption cases.
Why Was It Controversial?
It created a distinction between senior and junior public servants.
It shielded high-ranking officials from even being investigated without government permission.
This was seen as a conflict of interest and obstruction to impartial investigations, especially in high-profile corruption cases.
It was criticized for being unconstitutional, violating the principle of equality before the law under Article 14 of the Constitution.
Supreme Court Judgment – 6 May 2014
A Constitution Bench of the Supreme Court of India struck down Section 6A as unconstitutional.
Key Observations from the Judgment:
1. Violated Article 14 (Right to Equality):
-The law unfairly protected senior officials while allowing prosecution of junior officers.
-This discriminatory treatment was deemed unconstitutional.
2. No One Is Above the Law:
-The Court said: “Corruption is an enemy of the nation.”
-Status or position should not protect corrupt public servants from investigation.
3.Purpose of Investigation:
-Law must not impede the search for truth.
-Any legal provision that does so fails the test of equality and undermines the rule of law.
4.Landmark Statement:
“The decision-making power does not segregate corrupt officers into two classes… They are common crime doers and must be tracked down by the same process.”
📌 Impact of the Judgment:
-Empowered the CBI to investigate senior bureaucrats without needing government permission.
-Removed a major legal hurdle in high-level corruption investigations.
-Strengthened the independence and credibility of the CBI.
CBI’s Reaction:
The then CBI Director welcomed the verdict, calling it a landmark judgment that allowed the agency to proceed in long-pending cases without bureaucratic obstruction.
Q3. In terms of jurisdiction, how does the CBI gain legal authority to investigate crimes within a particular state?
- Automatically under the IPC
- Only after approval from the President
- Upon request of the concerned High Court
- With consent from the respective State Government or direction from the Supreme Court/High Court
Correct Option: 4. With consent from the respective State Government or direction from the Supreme Court/High Court.
Explanation: Since police is a State subject under the Constitution, CBI requires state consent or judicial direction to investigate within a state’s jurisdiction unless it involves central matters.
Q4. Which of the following best describes the scope of the CBI’s authority in terms of inter-agency coordination?
- It acts as the national supervisory authority over all state police
- It independently investigates all crimes nationwide
- It coordinates anti-corruption efforts and supports state police in select cases
- It only functions under international treaty obligations
Correct Option: 3. It coordinates anti-corruption efforts and supports state police in select cases.
Explanation: The CBI supplements state police by taking up central matters and serious crimes, especially when there are national/international implications or judicial references.
Q5. Which of the following statements about the Directorate of Prosecution within the CBI is INCORRECT?
- It functions under the Director of CBI
- The Director of Prosecution is appointed by the Chief Vigilance Commissioner
- The Director of Prosecution holds office for two years
- The position is not below the rank of Joint Secretary
Correct Option: 2. The Director of Prosecution is appointed by the Chief Vigilance Commissioner.
Explanation: The Central Government appoints the Director of Prosecution on the recommendation of the Central Vigilance Commission — not directly by the CVC.