+91 484 2401588 / 2401688

Judges Avenue Road, Cochin, Kerala, India.

triangle
About Us

OCTOBER

23

2018

    POLITY

    Central Bureau Of Investigation (CBI)

    News: Modi steps in as CBI begins to probe its own leadership.
    Source: The Hindu

    Establishment Of CBI:

    The Central Bureau of Investigation (CBI) was set up in 1963 by a resolution of the Ministry of Home Affairs. Later, it was transferred to the Ministry of Personnel and now it enjoys the status of an attached office1. The Special Police Establishment (which looked into vigilance cases) setup in 1941 was also merged with the CBI.

    The establishment of the CBI was recommended by the Santhanam Committee on Prevention of Corruption (1962-1964). The CBI is not a statutory body. It derives its powers from the Delhi Special Police Establishment Act, 1946.

    The CBI is the main investigating agency of the Central Government. It plays an important role in the prevention of corruption and maintaining integrity in administration. It also provides assistance to the Central Vigilance Commission and Lokpal.

    Organisation Of CBI:

    1. Anti-Corruption Division

    2. Economic Offences Division

    3. Special Crimes Division

    4. Policy and International Police Cooperation Division

    5. Administration Division

    6. Directorate of Prosecution

    7. Central Forensic Science Laboratory

    Composition Of CBI:

    The CBI is headed by a Director. He is assisted by a special director or an additional director.

    The Director of CBI as Inspector-General of Police, Delhi Special Police Establishment, is responsible for the administration of the organisation. With the enactment of CVC Act, 2003, the superintendence of Delhi Special Police Establishment vests with the Central Government save investigations of offences under the Prevention of Corruption Act, 1988, in which, the superintendence vests with the Central Vigilance Commission. The Director of CBI has been provided security of two-year tenure in office by the CVC Act, 2003.

    The Lokpal and Lokayuktas Act (2013) amended the Delhi Special Police Establishment Act (1946) and made the following changes with respect to the composition of the CBI:

    1. The Central Government shall appoint the Director of CBI on the recommendation of a three-member committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the LokSabha and the Chief Justice of India or Judge of the Supreme Court nominated by him.

    2. There shall be a Directorate of prosecution headed by a Director for conducting the prosecution of cases under the Lokpal and Lokayuktas Act, 2013. The Director of Prosecution shall be an officer not below the rank of Joint Secretary to the Government of India. He shall function under the overall supervision and control of the Director of CBI. He shall be appointed by the Central Government on the recommendation of the Central Vigilance Commission. He shall hold office for a period of two years.

    3. The Central Government shall appoint officers of the rank of SP and above in the CBI on the recommendation of a committee consisting of the Central Vigilance Commissioner as Chairperson, the Vigilance Commissioners, the Secretary of the Home Ministry and the Secretary of the Department of Personnel.

    Later, the Delhi Special Police Establishment (Amendment) Act, 2014 made a change in the composition of the committee related to the appointment of the Director of C.B.I. It states that where there is no recognized leader of opposition in the LokSabha, then the leader of the single largest opposition party in the LokSabha would be a member of that committee.

    United Nations Commission On International Trade Law (UNCITRAL) Model Law Of Cross Border Insolvency

    News: Panel for adopting UN model on cross-border insolvency.
    Source: The Hindu

    The United Nations Commission on International Trade and Law is the core legal body of the United Nations system in the field of international trade law. A legal body with universal membership specializing in commercial law reform worldwide for over 50 years, UNCITRAL's business is the modernization and harmonization of rules on international business.

    The UNCITRAL Model Law has been adopted in as many as 44 countries and, therefore, forms part of international best practices in dealing with cross border insolvency issues.

    The advantages of the model law are the precedence given to domestic proceedings and protection of public interest. The other advantages include greater confidence generation among foreign investors, adequate flexibility for seamless integration with the domestic Insolvency Law and a robust mechanism for international cooperation.

    The model law deals with four major principles of cross-border insolvency, namely

    1. Direct access to foreign insolvency professionals and foreign creditors to participate in or commence domestic insolvency proceedings against a defaulting debtor;

    2. Recognition of foreign proceedings & provision of remedies;

    3. Cooperation between domestic and foreign courts & domestic and foreign insolvency practioners;

    4. Coordination between two or more concurrent insolvency proceedings in different countries. The main proceeding is determined by the concept of centre of main interest (“COMI”).

    The necessity of having Cross Border Insolvency Framework under the Insolvency and Bankruptcy Code arises from the fact that many Indian companies have a global footprint and many foreign companies have presence in multiple countries including India. Although the proposed Framework for Cross Border Insolvency will enable us to deal with Indian companies having foreign assets and vice versa, it still does not provide for a framework for dealing with enterprise groups, which is still work in progress with UNCITRAL and other international bodies. The inclusion of the Cross Border Insolvency Chapter in the Insolvency and Bankruptcy Code of India, 2016, will be a major step forward and will bring Indian Insolvency Law on a par with that of matured jurisdictions.