The government is examining a separate draft Act for CBI submitted by the premier investigation agency. The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice had supported the view of CBI Director and impressed upon the Ministry of Personnel to have a fresh look and come out with a separate Act for CBI.
The Ministry in its reply said, “A separate and exclusive legislation for CBI is in existence namely the Delhi Special Police Establishment (DSPE) Act, 1946 as amended by the CVC Act, 2003. However, the CBI has recently sent a proposal for a draft CBI Act 2010, which is being examined.”
The Ministry said the issue of enactment of a separate legislation for CBI is being examined but added that “this is associated with the fact that India’s Constitution provides for a federal structure and the subjects on which the Central government and state governments can legislate have been specified in the 7th Schedule of the Constitution”.
It said “Police” and “Law and Order” are subjects under the State List.