7.4. CBI as ‘Caged Parrot’ and steps to make it free

The SC raised questions on the CBI's independence while hearing the coal allocation (coalgate) scam case, called it a "caged parrot speaking in its master's voice". The SC had then asked the Centre to make the CBI impartial and said it needs to be ensured that the CBI functions free of all external pressures.

In response to this, the Centre filed an affidavit stating following measures will be adopted to ensure the autonomy of the CBI. Some of those measures have been adopted, such as:

♤ CBI director is be appointed by a collegium comprising of the Prime Minister, Chief Justice of India and Leader of the Opposition (or Leader of largest opposition party). The CBI director cannot be appointed or removed without the consent of this collegium.

♤ The CBI director can be removed on the grounds of misbehaviour only by an order from the President after an inquiry.

♤ There will be an accountability commission headed by three retired Supreme Court or High Court judges. The committee will look into cases of grievances against the CBI.

♤ The affidavit said that 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 rest of the cases.