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Out of court

Government moves to take back initiative on CBI reform. But only Parliament can shape the final law

Government moves to take back initiative on CBI reform. But only Parliament can shape the final law

Prodded sharply by the Supreme Court,the government is now considering how the CBI can be insulated from political interference. A group of ministers headed by Finance Minister P. Chidambaram will brainstorm and draft a law to be submitted before the Supreme Courts next hearing. The CBIs pliability,and the fact that ruling parties have made cynical use of its investigations,is an open secret. But CBI reform assumed great urgency after the revelation first reported in this paper that the agency had shared its confidential report on coal block allocation with the law minister and other officials at their urging,even incorporated their changes. The courts hurry may come from a desire to see the CBI uncaged,but that should not force the government to push through a hasty or underthought bill. The law deserves fine-grained consideration by the political executive and a full debate in Parliament.

There are many facets of institutional design to consider. The CBI is not backed by an independent act. It needs state and Central government permission for many cases,even for preliminary inquiries,prosecutions and appeals. Despite the hawala judgment that ordered CVC superintendence of the CBI,and fixed terms for its directors,in practice the agency has bent its reports to suit the ruling party,and its chiefs have often been rewarded with post-retirement jobs and benefits. That said,despite the current clamour for autonomy,it must also be remembered that the CBI cannot be a self-willed agency,a lone ranger. It must be accountable to government,which is answerable to Parliament. The proposed bill must work out ways to ensure independent and credible investigations without creating a supercop with untrammelled powers. One way to do this might be to make appointment procedures transparent,and to disperse lines of control. These are details for the bill to sort out,and for Parliament to debate and sanction. The new law must demarcate the point between superintendence and interference,and make it easier for the organisation to resist pressure from any quarter.

The moral of this episode is not that the agency will do better if prised totally out of the governments control,or that it needs to be set completely free. This is a moment for clear thinking,for drawing the lines in such a way that the CBI remains accountable through the democratically elected executive,yet also has operational independence.

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