CBI & CVC Power Struggle: Procedures, Judgments & Investigation Laws (2026 Updated)

Описание: The Backbone of Anti-Corruption: DSPE Act 1946 vs CVC Act 2003 Explained

CBI & CVC Power Struggle: Procedures, Judgments & Investigation Laws (2026 Updated)

Masterclass: DSPE Act 1946 & CVC Act 2003 | All Major SC Judgments & Inquiry Rules

Video Description

Understanding the legal pillars of India’s anti-corruption framework is essential for law students, UPSC aspirants, and legal professionals. This video provides an in-depth analysis of the DSPE Act 1946 (the parent act of the CBI) and the CVC Act 2003, detailing their evolution, procedural mandates, and the landmark Supreme Court judgments that shaped them as of 2026.

[Key Chapters Covered]
The DSPE Act 1946 (Parent Act of CBI): Originating from the Special Police Establishment (1941), this Act empowers the Central Government to investigate specific offences in Union Territories and extend its jurisdiction to states with their consent (Sections 5 & 6).
The CVC Act 2003 (The Statutory Watchdog): Conferred statutory status following the Vineet Narain case, the CVC exercises "superintendence" over the CBI in corruption cases.
Types of Authorities:
CVC Composition: Multi-member body (1 Chairperson, up to 2 Vigilance Commissioners).

Director of CBI: Appointment process involving a high-level committee (PM, Leader of Opposition, CJI).

Directorate of Prosecution: Headed by a Director not below Joint Secretary rank.

Procedure of Inquiry & Investigation:

Preliminary Inquiry: CVC can conduct inquiries through its own wing or refer them to the CBI/CVOs.
Timelines: Preliminary inquiries usually take 90 days; full investigations must be completed within 6 months.
Statutory Powers: CVC has the powers of a Civil Court during inquiries (summoning, oath examination, document discovery).

Major Landmark Judgments:
Vineet Narain vs. UOI (1998): Established CVC oversight over CBI and fixed tenure for the CBI Director.
Subramanian Swamy vs. Director, CBI (2014): Struck down Section 6A of the DSPE Act, which required prior sanction to investigate senior officials (Joint Secretary level and above). The SC recently confirmed this has retrospective effect.
State of West Bengal vs. Committee for Protection of Democratic Rights (2010): Ruled that Constitutional Courts can order CBI investigations in states without state consent.
CVC (Amendment) Act 2021 & DSPE (Amendment) Act 2021: Upheld by the SC, allowing extensions of the CBI/ED Director's tenure up to 5 years (in 1-year increments).


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