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An independent umbrella body that brings the various central investigative agencies under one roof holds the key to shoring up their credibility. Discuss

India has a host of investigative agencies such as CBI, Enforcement Directorate, NIA, SFIO, which are responsible not only for the country’s law enforcement and national security, but also achieving military, and foreign policy objectives. While the multiplicity of central investigative agencies are critical to achieve various objectives, but this creates some issues, at times. Recently, the Chief Justice of India called for the creation of an independent umbrella institution by bringing these central agencies under one roof. The need arises because of the following reasons:

• To address system related issues: Issues such as lack of infrastructure and manpower, inhumane working conditions, lack of modern equipment, questionable methods of procuring evidence and the lack of accountability hampers functioning of these agencies. Creating an umbrella institution can help in addressing these operational issues.
• To introduce parliamentary oversight: These agencies are not guided by any comprehensive law, which leads to various issues. The recent withdrawal of general consent by many states to CBI is a case in point. It has hampered the normal functioning of the CBI. Creation of an umbrella body under a statute clearly defining its powers, functions and jurisdiction will inject a sense of responsibility.
• To end multiplicity of proceedings: Presently, a single incident gets investigated by multiple agencies, often leading to dilution of evidence, contradiction in depositions, and prolonged incarceration of innocents. The umbrella agency will end multiplicity of proceedings.
• To uphold democratic values and rebuild public trust: There are arguments that investigative agencies sometimes succumb to political pressure due to organizational constraints. Therefore, an independent body working along constitutional lines is needed to strengthen democratic framework. Creating an independent agency would also help in reclaiming social legitimacy and public trust. The proposed umbrella independent investigative agency should have these features:
• The agency should be created under a comprehensive law clearly defining its powers, functions and jurisdictions.
• It should be headed by an independent and impartial authority, appointed by a committee akin to the one, which appoints the Director of CBI.
• Legislative provision for an annual audit of the performance of the institution by the appointing committee will act as a reasonable check and balance.
• Also, there is a need for regular upgradation of knowledge, deployment of state-of-the-art technology, and international exchange programmes to learn the best practices.
• The proposed legislative framework for the umbrella investigative body needs to be replicated by the States as the burden of investigation is primarily on the state police. An umbrella body is proposed to ensure that the investigative apparatus becomes neither a vehicle for conspiracy nor a suppressor of the traditional liberties. The proposal to create an independent umbrella body can go a long way in building citizens’ faith in investigative agencies in India.