The Central Bureau of Investigation (CBI) is the premier domestic crime investigating agency of India, operating under the jurisdiction of the Ministry of Personnel, Public Grievances and Pensions. It is an institution, not a statutory body, as it was established in 1963 by a resolution of the Ministry of Home Affairs, following the recommendation of the Santhanam Committee on Prevention of Corruption (1962-1964).
The CBI's legal foundation and powers are derived from the Delhi Special Police Establishment (DSPE) Act, 1946, which was originally enacted to formalize the Special Police Establishment (SPE), a force created in 1941 to investigate bribery and corruption during World War II. The DSPE Act, 1946, empowers the Central Government to constitute a special police force for investigating offences in Union Territories.
The key mechanism for the CBI's operation in states is the requirement for consent under Section 6 of the DSPE Act, 1946. Since 'police' is a State subject, the CBI generally requires prior consent—either 'general consent' or 'specific consent'—from the respective state government to conduct investigations within its territory. However, the Supreme Court and High Courts can direct the CBI to take up a case anywhere in the country without the state's consent, a principle upheld in judgments like State of West Bengal vs CPDR (2010).
Recent changes have focused on the appointment and tenure of the CBI Director. The Lokpal and Lokayuktas Act, 2013, amended the DSPE Act to establish a high-profile committee for the Director's selection, comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India or a Supreme Court Judge. Furthermore, the Director is provided a security of a two-year tenure by the Central Vigilance Commission (CVC) Act, 2003. The CBI also connects to the Central Vigilance Commission (CVC), which supervises its work in matters related to the Prevention of Corruption Act, 1988.