DSPE Act

Background and evolution

The Special Police Establishment was set up in 1941 to investigate bribery and corruption in the War and Supply Department during the Second World War. Its legal basis was the Delhi Special Police Establishment Act of 1946, which extended its role to all departments of the Government of India. In 1963 the government created the Central Bureau of Investigation by an executive resolution, using the DSPE Act as its legal foundation.

Because the CBI is a creation of an old police law rather than a separate statute, its powers and independence have been debated for decades. The Supreme Court in Vineet Narain (1997) gave directions to insulate it from political interference, many of which were later included in the Central Vigilance Commission Act 2003. The Lokpal and Lokayuktas Act 2013 further changed the way the CBI Director is selected.

Key features and provisions

• Jurisdiction: the DSPE can investigate offences notified by the Union government under Section 3.
• State consent (Section 6): it can investigate in a state only with that state's consent; states may give general consent or case-by-case consent.
• Court orders: constitutional courts can direct CBI investigations without state consent.
• Director selection: by a committee of the Prime Minister, the Leader of the Opposition (or leader of the largest opposition party) and the Chief Justice of India or a nominated judge.
• Tenure: a minimum of two years; since 2021, extensions of one year at a time up to five years in total are allowed.
• Supervision: the CVC supervises corruption investigations; administrative control lies with the Department of Personnel and Training.
• Prior approval: the old Section 6A, which required approval to investigate senior officers, was struck down in 2014; a similar requirement now exists in Section 17A of the Prevention of Corruption Act.