Appointment of the CBI Director

Polity & Governance glossary

Topic: Statutory, Regulatory and Quasi-judicial Bodies · NCERT: Beyond NCERT

Meaning

The CBI Director is appointed on the advice of a three-member committee:

  • the Prime Minister;
  • the Leader of Opposition in the Lok Sabha, or the leader of the largest opposition party if there is no LoP;
  • the Chief Justice of India or a judge the CJI nominates.

This rule is in Section 4A of the Delhi Special Police Establishment Act 1946, added by the Lokpal Act 2013. Section 4B gives the Director a minimum tenure of 2 years. Mixing government, opposition and judiciary on the committee is meant to keep the CBI's chief free of one-sided control.

Example

In Alok Kumar Verma (2019), the Supreme Court held that the government cannot remove the CBI Director from charge on its own. The selection committee must be involved.

Don't confuse with

  • CVC selection: the CVC is chosen by the PM, the Home Minister and the LoP. The CJI is not on that committee.
  • ED Director selection: the ED Director is chosen by a committee chaired by the Central Vigilance Commissioner.

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