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AIM ASSIGNMENT W4 D6

1. Discuss the crucial role played by the National Commission of Women in shaping the
discourse on gender-sensitive laws in India. To what extent the elevation of the National
Commission for Women to a constitutional body would reinforce its authority?

National Commission for Women is a statutory body established under the

“National Commission for Women Act, 1990”. It was established to ensure the
empowerment of women in India and enable them to achieve equality and equal
participation in all spheres of life. It strives for effective policy formulation,
legislative measures, effective enforcement of laws, implementation of schemes,
and devising strategies for solutions to specific problems arising out of
discrimination and atrocities against women.

ROLE OF NATIONAL COMMISSION FOR WOMEN (NCW) IN GENDER-SENSITIVE LAW

DISCOURSE
1. Gender Profile: The NCW creates gender profiles to assess the level of
empowerment of women belonging to different sections, classes, and other
socio ascriptive groups. This helps in breaking the practice of women as a
homogeneous group without due regard to socio-economic backgrounds.
2. Review of Legislations: The NCW regularly reviews various laws like the
Indian Penal Code 1860, The Dowry Prohibition Act 1961, the Criminal
Procedure Code, 1973, the Prevention of Sexual Harassment at Workplaces
Act, 2013, etc. in order to revise and update the laws according to the
changing profile of society and women.
3. Awareness Generation: The NCW regularly undertake awareness generation
activities through camps, events, and discussion in order to create discourse
on recognizing the issue of gender justice.
4. Suo Motu Notice: It takes care of complaints and also matters about the
deprivation of rights of women and ensures implementation of laws favoring
the welfare of women.
5. Special Studies and Investigation: To understand the limitations in the
system and curb it with strategic plans and mechanisms in order to ensure
better recognition and protection of rights of women.

HOW CAN CONSTITUTIONAL STATUS FOR NCW ENSURE BETTER AND MORE EFFECTIVE
GENDER JUSTICE
1. With constitutional status, it will be obligatory for Union and State
Governments to consult NCW in policies affecting women like 33%
reservation for women in Legislatures, increasing the legal age of marriage for
women to 21 years, etc.
2. NCW shall have resources of the Central Government at its disposal and
better finances to perform its functions effectively.
3. NCW shall have the powers of a Civil Court in investigating complaints filed
before them and shall have the powers to summon authorities like police
officers.
4. Constitutional Status will help Parliament to look into the reports of NCW
which shall be laid before the Houses of the Parliament by the President and
act and legislate accordingly.
5. The members of the NCW shall be appointed by the President and shall
have the security of tenure which will help them act impartially and swiftly
without any political pressure.
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6. NCW will have powers to demand any document, receive evidence on

affidavits, obtain any other records from the court or police, and also issue a
commission for the examination of witnesses and documents.
7. Best Practices from around the world: Sweden’s Equality Ombudsman
a. Elevating the NCW to a constitutional body could give it similar powers to
enforce gender laws and ensure compliance as Sweden's Equality
Ombudsman. It is a government agency responsible for enforcing anti-
discrimination laws and promoting equal rights. It has the power to
investigate complaints and take legal action against violators.

CHALLENGES WILL REMAIN UNADDRESSED WITH THE CONSTITUTIONALIZATION OF

NCW
1. Its recommendations shall not be binding on the governments even after
constitutional status. This has been observed in the cases of NCSC, NCST, and
NCBC too.
2. No trickle-down effect is observed by mere constitutionalization of a
commission. For e.g., despite having constitutional status, NCSC or NCST
have been ineffective in dealing with crimes and atrocities against SCs and
STs.
3. This is due to no or poor delegation of functions on these Commissions in
important legislations like SC/ST (Prevention of Atrocities Act).
4. The Commissions usually tend to favor the Government in most of the cases
which leads to poor trust-building among the common citizens.
5. NCW shall have a limited role in changing the socio-cultural sphere where
women face discrimination due to the patriarchal setup. These issues can be
dealt with at grassroots levels only and mere constitutional status to NCW
shall have limited or no impact.
To effectively address the issue of gender inequality and discrimination against
women, NCW should be given independence, a quasi-judicial role in dealing with
complaints, and better awareness campaigns and this must be complemented with
effective implementation of safeguards available in the Constitution and other
Statutes.

2. Though the Human Rights Commissions have contributed immensely to the

protection of human rights in India, yet they have failed to assert themselves against
the mighty and powerful. Analyzing their structural and practical limitations, suggest
remedial measures.

The National and State Human Rights Commissions were established in India in
1993 and were given statutory status under the Protection of Human Rights Act,
1993. The objective of Human Rights Commissions as defined by the Act is to
protect and promote human rights as guaranteed by the Constitution or embodied
in International Covenants.

HUMAN RIGHTS COMMISSIONS CONTRIBUTED TO THE PROTECTION OF HUMAN RIGHTS

1. In 28 years of existence, Human Rights Commissions together have disposed
of almost 20,00,000 cases and awarded Rs. 205 crores to victims as
compensation.
2. It has been proactive in inquiring into complaints against public servants.
For e.g., NHRC in Gujarat Riots Case took suo motu cognizance of human
rights violations.
3. It has also played a very vital role in improving the conditions of jail and
juvenile centers. Since the 1990s, NHRC has taken up the issue of
overcrowding of jails and the huge number of undertrials suffering inside jails.
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4. It has also played a vital role on legal and legislative fronts. For e.g., NHRC has
been vocally critical of draconian acts like TADA which led to the repealing
of such acts by the Parliament.
5. It has also tried to study contemporary factors which prevent the realization
of human rights. For e.g., recently NHRC issued an advisory to the Centre and
State Governments on preventing, minimizing, and mitigating the impacts of
environmental pollution.

STRUCTURAL AND PRACTICAL LIMITATIONS OF THE HUMAN RIGHTS COMMISSION

STRUCTURAL LIMITATIONS
1. Recommendatory Nature: The Central and State Governments can either
accept the recommendations or reject them. Former NHRC Chief H.C. Dutta
said NHRC was a “toothless tiger”, as governments ignore most of the
recommendations made by the Commission.
2. Weaker than other Constitutional and Statutory Bodies: The drafting of the
NHRA Act is such that the recommendations of NHRC and SHRCs remain not
binding. Unlike CIC, whose recommendations are binding, NHRC cannot
enforce its orders.
3. No Power to Prosecute: NHRC and SHRCs painstakingly investigate human
rights violation cases, sometimes in remote areas. However, at the end of such
investigations, there is no power of prosecution available to the HRCs.
4. No Action against Armed Forces or under AFSPA: NHRC and other SHRCs
do not have the power to summon witnesses in case of human rights violations
by armed forces. This prevents effective investigation against armed forces in
case of human rights violations.

PRACTICAL LIMITATIONS
1. Inconsistent in its stance: For e.g, NHRC gravely contested the draconian
provisions of TADA while completely ignoring similar provisions of the UAPA
(Amendment) Act.
2. Lack of Manpower: NHRC and other SHRCs are completely dependent on
local police for investigations and thus there is a lack of independence and
fairness in investigations.
3. Poor Funding: Like other quasi-judicial bodies such as NCSC, NCST, etc.
NHRC is gravely underfunded which prevents NHRC from providing relief and
rehabilitation support to victims.
4. Bureaucratic Style of Working: The procedures of NHRC and SHRCs are
complex and it is very difficult to file a complaint without proper legal aid.
Almost 45% of complaints in NHRC were dismissed on procedural grounds.
5. One-Year Deadline: NHRC and other SHRCs cannot investigate an event if the
complaint was made more than one year after the incident. Hence, a large
number of genuine grievances go unaddressed.
6. Absence of Functional SHRCs: Only 12 States have functional SHRCs.
Most of the SHRCs are understaffed. This affects the functioning of SHRCs and
renders the organization ineffective and redundant.

REMEDIAL MEASURES
1. The funds of NHRC must be charged upon the Consolidated Fund of India
and the funds of SHRCs must be charged upon the Consolidated Fund of
States so as to improve the condition of funding in these commissions.
2. There is a need to develop an open recruitment process for selecting
appropriate people having relevant experience and expertise.
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3. The HRCs must include people with a background in human rights cases
and should have representation from diverse backgrounds like the judiciary,
NGOs, human rights activists, civil servants, etc.
4. The NHRC and other SHRCs must be given the power to rehabilitate and
provide relief on their own to the victims and initiate prosecution against the
perpetrators.
5. The one-year timeline must be removed and HRCs must be empowered to
investigate any complaint at their disposal irrespective of the time.
6. The recommendations of the A.M. Ahmadi Committee must be implemented
to strengthen the status of human rights commissions in India.
Despite all structural and practical shortcomings, NHRC and other SHRCs are
important “fourth branch institutions” which thrive to effectively protect, promote
and fulfil the fundamental rights and other human rights of the citizens of the
country.

3. ‘Delimitation of seats is essential to ensure fair representation and uphold the

principles of one vote, one value’. Highlighting the challenges posed by
misrepresentation in constituencies analyze the ramifications of population based
delimitation in creating federal tension.

The delimitation is the process of fixing limits or boundaries of territorial

constituencies in a country to reflect changes in population. The Delimitation
Commission is set up by the Union government after every census, as per the
provisions of the Delimitation Commission Act and the Constitution of India (Articles
82 and 170). The main objective is to follow the principle of "One Vote One Value"
and ensure a fair division of geographical areas to prevent any political party from
having an advantage in an election.

CHALLENGES FACED DUE TO MISREPRESENTATION IN CONSTITUENCIES

1. Reduce Representativeness: The misrepresentation of constituencies can
lead to reduced representativeness and disenfranchisement of a particular
area, or region while overrepresentation of some other region.
2. Disbalanced Federalism: In federal systems like India, misrepresentation can
disturb the balance of power among states. For example, states with larger
populations but fewer seats in the Parliament may feel marginalized, affecting
the cooperative federal structure.
3. Regional Disparity: Regional Disparity: Misrepresentation of constituencies
can lead to regional disparity as the region not well represented will suffer
from political and administrative apathy. As seen in the northeastern states
of India, despite having unique developmental needs, these states often feel
neglected due to their limited representation in the central legislature.
4. Disturbed Peace and Harmony: Inequality in ensuring fair representation
representation, such as alleged in the Jammu and Kashmir delimitation
process, can create tensions and feelings of injustice among communities
challenging peace and harmony in the area.
5. Violation of Free and Fair Elections: The gerrymandering practices in the
U.S., where constituency boundaries are manipulated for political gain can
compromise the integrity of electoral processes.
6. Policy Bias: Overrepresentation of certain regions can lead to policy bias. In
India, the higher representation of urban areas has often resulted in policies
that favor urban development, sometimes at the expense of rural areas.
7. Political Discontent: Misrepresentation can lead to voter discontent and lower
turnout where voters feel their votes do not influence the outcomes due to
skewed representation.
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8. Social Fragmentation: It can exacerbate social divisions.

a. In the context of Assam, the delimitation process has sometimes led to
tensions between different ethnic groups, highlighting how constituency
boundaries can influence social harmony.

CHALLENGES POSED BY POPULATION-BASED DELIMITATION

India has created a decadal mechanism of delimitation based on the population of
States. However, the 84th Constitutional Amendment, 2002 has limited the inter-
State delimitation till 2024 in order to freeze the readjustment of Lok Sabha and
Assembly seats. However, the delimitation process based on population has
several ramifications in creating federal tensions:
1. Penalisation of States: States with low populations come out as
disadvantageous compared to large population states giving them more
political clout.
2. Central-State Disputes: States with larger populations figure out high in the
political priority of the central government and hence give rise to various
disputes between the Center and States.
3. Rise of Regional Tendencies: The lack of effective representation due to
less population in certain regions, states develops regional tendencies
fueling mutual distrust leading to separatist tendencies. For e.g., Bodoland
Separatist Movement.
4. Regional Disparity: The lack of equitable representation due to low population
can also lead to regional disparity in development. States with high
populations corner more resources for development thereby disturbing both
the vertical and horizontal federal axis.
5. Penalties for Population Control: States that have controlled population
growth fear losing out on the number of Lok Sabha seats & also on the
value of its votes in the Presidential election while the ones that did not control
stand to benefit.
6. The Fifteenth Finance Commission: The main point of opposition to the
recommendations and terms of reference of the Commission was that it is
biased towards the States with higher populations. This is also a point of
contention in the Southern States while the delimitation process and terms are
discussed.
In recent times, there have been calls for the revival of the decadal revision of
constituencies and with the inauguration of the new Parliament building, it is
imminent that there will be a delimitation after the 2021 census results are out.
However, there are certain contentions with respect to the terms of reference and
procedures to be followed.

Therefore in order to have an all-inclusive political participation and a smooth

transition to a larger Lok Sabha and Rajya Sabha, there needs to be a deliberative,
inclusive and properly discussed Delimitation process in place.

4. “The judiciary has played a more significant role in decriminalizing politics in India
than any legislative measures.” In this context examine the role played by the judiciary
to decriminalize politics in India.

The criminalization of politics remains a significant concern in India, with the

Association for Democratic Reforms (ADR) reporting that in 2019, 46% of the 543
newly elected Lok Sabha members had criminal cases against them, the highest
number recorded to date. This marks an increase from 43% in 2014, 34% in 2009,
and 23% in 2004. Despite legislative efforts to curb this issue, the limitations of
these legal provisions have often necessitated judicial intervention, which has
played a crucial role in decriminalizing Indian politics.
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LEGISLATIVE MEASURES TO PROHIBIT CRIMINALIZATION OF POLITICS IN INDIA

1. Representation of the People Act, 1951: It specifies various offenses that can
lead to disqualification, such as corruption, terrorism, and crimes involving
moral turpitude such as:
a. Section 8: It lists offenses that can lead to disqualification of a candidate,
such as corruption, terrorism, and crimes involving moral turpitude.
b. Section 8A: Disqualification for corrupt practices.
c. Section 33A: Disclosure of criminal antecedents by candidates.
d. Section 123: Defines Corrupt practices such as bribery, undue influence,
and promotion of enmity between different groups.
2. Criminal Law Amendment Act, 2018: It mandated fast-tracking of cases
against elected representatives, ensuring that trials are completed within a
year.
3. Other non- statutory measures:
a. Election Commission Guidelines that require political parties to disclose
the criminal backgrounds of their candidates. It also mandates parties to
justify their choice of candidates with criminal records.
b. Model Code of Conduct includes provisions that discourage political
parties from fielding candidates with criminal backgrounds.

LIMITATIONS OF LEGISLATIVE MEASURES IN CONTROLLING CRIMINALIZATION OF

POLITICS IN INDIA
1. Representation of the People Act, 1951, disqualifies candidates only upon
conviction, allowing those with serious criminal charges to contest elections
due to prolonged trial processes.
2. The influence of money and muscle power in elections is inadequately
addressed, enabling candidates with criminal backgrounds to wield significant
influence.
3. Loopholes, such as appealing convictions, allow these candidates to continue
their political careers.
4. The slow judicial process further weakens these legislative measures, as
candidates with pending criminal cases often complete their terms without
facing disqualification, thereby undermining the intended impact of these laws.

Due to the above stated limitations judiciary has frequently stepped in to

decriminalize politics in India, often stepping in areas where legislative measures
have fallen short.

KEY INTERVENTIONS BY THE JUDICIARY

JUDICIAL INTERVENTION CASE/ORDER IMPACT

Disclosure of Criminal Records Union of India v. Empowering voters to

(criminal, financial, and ADR (2002) make informed choices
educational backgrounds) and deterring criminal
elements.

Creation of Fast-Tracking Supreme Court Reducing criminal

Cases Against elected Directive (2014) influence in politics.
representative

Struck down Section 8(4) of Lily Thomas v. Preventing convicted

the RPA, 1951- Union of India MP/MLAs from
Disqualification of Convicted (2013) continuing in office.
Politicians
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Ban on Contesting Elections Chief Election Prevents those with

from Jail Commissioner v. criminal backgrounds
Jan Chaukidar from participating while
(2013) incarcerated.

Recognition of NOTA People’s Union for Enhanced voter

Civil Liberties v. autonomy and
Union of India pressuring political
(2013) parties to field better
candidates.

Election Commission's Power to Judiciary Reinforced

Disqualify Candidates Upholding (2018) transparency & EC’s
authority to disqualify
candidates who fail to
disclose criminal
records.

Required political parties to Supreme Court Aided voters in

publish criminal cases of Order (2020) making informed
their chosen candidates decisions.

CHALLENGES ARISING OUT OF JUDICIAL INTERVENTION

1. Case of Judicial Overreach: As pointed out by legal experts like Soli
Sorabjee, Supreme Court in PUCL v. Union of India, 2003 mandated the right
to information on candidates' criminal backgrounds, which was seen as the
judiciary stepping into legislative territory.
2. Disqualification of Convicted MPs/MLAs (Lily Thomas v. Union of India,
2013):
a. The ruling for immediate disqualification of convicted politicians caused
confusion and raised concerns about the stability of elected
governments.
b. Former Chief Election Commissioner S.Y. Quraishi pointed out that the
lack of clarity on the nature of crimes that invoke disqualification
could lead to misuse, potentially targeting opposition leaders.
c. Additionally, the use of the President's pardoning powers to remit
convictions was seen as a tool for political advantage for the rulling
party,
3. Issue of Voter Disqualification: The introduction of NOTA in 2013 by the
Supreme Court led to debates over its effectiveness.
a. Political analyst Pratap Bhanu Mehta, argues that while NOTA gives
voters a way to reject all candidates, it doesn’t impact the overall
outcome, often failing to deter criminal candidates from winning.
4. Add-on to administrative burden and bureaucratisation: Experts like M.P.
Singh have observed that the Supreme Court's decision to scrutinize election
campaign expenditures has increased administrative burdens on the Election
Commission, leading to more red tape and complicating the electoral process.
While legislative measures have made strides in addressing the issue of
criminalization in politics, the judiciary has played a more assertive role in enforcing
and expanding these measures. Through landmark judgments and directives, the
judiciary has not only ensured greater transparency and accountability in the
political process but has also sent a strong message that criminality has no place
in India’s democratic system. Continued judicial vigilance remains essential for
furthering the cause of clean and accountable politics in India.
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5. India’s premier investigative agency- CBI, cannot be governed by British-era law. Do

you agree?

The Central Bureau of Investigation (CBI) owes its origin to the Special Police
Establishment (SPE), which was established by the colonial government in 1941
through an executive order to deal with corruption involving wartime purchases and
supplies. In 1946, the then government enacted the Delhi Special Police
Establishment Act(DSPEA) to give the organisation a statutory cover. This
legislation was created during colonial times for a much narrower scope, and it
does not adequately address the challenges and responsibilities faced by the
modern CBI.

REASONS FOR A NEW LAW

The Parliamentary Standing Committee of the Ministry of Personnel, Public
Grievances, Law and Justice repeatedly recommended the enactment of a new law
to govern the working of the CBI in its fifth,14th and 19th reports on the ministry’s
Demand for Grants.
1. Expansion of expectation and charter of functions: The CBI’s charter has
expanded to include complex crimes such as cybercrimes, financial frauds,
and high-profile corruption cases. The agency now operates in a vastly
transformed political environment, necessitating a modern legal framework that
reflects these expanded responsibilities.
2. Limited Jurisdictional Powers & consequent impact on federlism: The
requirement for state consent restricts the CBI's ability to investigate cases
across states, leading to inconsistent enforcement and limited reach, especially
when states withdraw consent.
a. Example: In 2018, the governments of Andhra Pradesh, West Bengal, and
Maharashtra withdrew general consent for the CBI to operate in their
states, significantly hampering the agency’s ability to investigate corruption
and criminal cases within these states.
3. Lack of Technological Adaptation: The Act does not account for the need for
advanced investigative tools and techniques, such as digital forensics, cyber
intelligence, and real-time data access, which are essential for modern
investigations.
a. Example: In cases like the Aadhaar data breach and increasing
cybercrimes, the CBI's ability to utilize advanced digital forensics and
cyber intelligence tools has been hindered by the outdated legal
framework that doesn't account for such technologies.
4. Inadequate Provisions for Modern Crimes: The 1946 Act lacks provisions for
handling contemporary crimes like cybercrime, financial fraud, and cross-
border terrorism, limiting the CBI's effectiveness in addressing these
challenges.
a. Example: The Nirav Modi-PNB scam (2018) highlighted the CBI's struggle
to address complex financial frauds effectively. The agency faced
difficulties due to the lack of modern legal provisions supporting cross-
border investigations and financial forensics.
5. Political Influence: The law grants the central government significant control
over the CBI, leading to concerns about political interference in investigations,
which undermines the agency's independence.
a. The Supreme Court has repeatedly raised concerns about the CBI’s
independence, notably in the Vineet Narain case (1997), where it was
termed a "caged parrot."
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b. Recent cases like the Rakesh Asthana vs. Alok Verma controversy in 2018
highlighted how political interference can paralyze the agency, further
emphasizing the need for a robust legal framework that ensures autonomy.
6. Public Trust and Accountability: The outdated framework fails to establish
robust mechanisms for transparency and accountability, leading to a decline in
public trust and confidence in the CBI’s operations.
a. The perception that the CBI is vulnerable to political misuse, as seen in the
handling of cases like the Ishrat Jahan encounter and the 2G spectrum
case, has led to a decline in public confidence.
b. The handling of the Sushant Singh Rajput case in 2020 led to widespread
public criticism of the CBI, with allegations of delays and lack of
transparency, which further eroded public trust in the agency’s ability to
conduct fair investigations.

WHAT THE NEW LAW FOR CBI SHOULD INCLUDE

1. ‘Superintendence’ must be clearly dileanated and defined: The law must
clearly define “superintendence” to limit undue political influence and establish
a framework that ensures the CBI’s operational independence.
a. This includes setting boundaries for the role of the Central Government,
Central Vigilance Commission (CVC), and the judiciary in overseeing the
CBI’s functioning.
2. Clarity over inter-state & international jurisdiction: Section 6 of the Delhi
Police Establishment Act should be removed to give the CBI automatic
jurisdiction over inter-state and international offenses, enhancing its ability to
investigate complex cases without needing state consent.
3. Incorporation of Modern investigative tools and techniques: Modern
investigative tools and techniques, such as digital forensics, cyber intelligence,
surveillance technologies, and international cooperation frameworks.
a. Beyond adopting advanced technologies, the CBI could explore:
a) Data analytics: Leveraging big data for predictive policing and
identifying crime patterns.
b) Cybersecurity: Strengthening cyber defenses to protect sensitive
information and investigate cybercrimes effectively.
c) Artificial intelligence: Utilizing AI for tasks like image analysis, speech
recognition, and document classification.
4. Politically immune Appointment system: A multi-member panel with
representatives from the judiciary, executive, and civil society should oversee
the appointment and removal of the CBI’s Director and key officers ensuring a
transparent, merit-based process.
5. Operational Authority and Autonomy: Provide the CBI with financial and
operational autonomy, reducing dependency on the central government for
resources and decision-making. This could include a separate budget
allocation approved by a parliamentary committee.
6. Streamlined Coordination with Other Agencies: Facilitate better coordination
between the CBI and other law enforcement agencies, both domestic and
international. This includes protocols for information sharing, joint
investigations, and coordinated operations.
7. Accountability Mechanisms: Create robust accountability mechanisms within
the CBI to ensure transparency and integrity. This could involve an
independent oversight body to investigate complaints against CBI officials,
periodic audits, and public reporting on the agency’s performance.
8. Periodic Review and Amendments: Include provisions for the periodic review
of the law to ensure it remains relevant and effective in light of evolving crime
patterns and investigative challenges.
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a. Dedicated Focus on Financial Crimes: The CBI could consider:

a) Asset recovery: Developing specialized units to trace and seize illicitly
acquired assets.
b) International cooperation: Strengthening ties with global financial
intelligence units to combat transnational financial crimes.
c) Preventive measures: Proactive steps to identify and disrupt financial
fraud schemes.
b. Inter-agency Cooperation: Building upon existing collaborations, the CBI
could:
a) Joint task forces: Creating dedicated teams for specific crime types
or geographical regions.
b) Information sharing: Establishing secure platforms for real-time
intelligence exchange.
c) Capacity building: Conducting joint training programs to enhance
investigative skills.
c. Public Engagement and Transparency: In addition to public awareness
campaigns, the CBI could:
a) Independent oversight bodies: Establishing external mechanisms to
monitor the agency's activities.
b) Performance metrics: Developing clear performance indicators to
measure the CBI's effectiveness.
c) Grievance redressal: Implementing robust systems to address public
complaints.

The CBI’s role as India’s premier investigative agency is crucial for upholding the
rule of law and maintaining public trust in the justice system. However, governing
the CBI under an antiquated British-era law severely limits its potential. A modern
legal framework tailored to the contemporary needs of the agency is essential for
enhancing its effectiveness, ensuring its independence, and restoring public
confidence in its operations.

ADDITIONAL READINGS: GLOBAL BEST PRACTICES

International Law Enforcement Agencies That Can Provide Additional Best

Practices:
1. Federal Bureau of Investigation (FBI), USA
a. Beyond technology and forensics: The FBI's emphasis on community
policing and crime prevention programs can be adopted.
b. Counterterrorism expertise: The CBI can benefit from the FBI's
counterterrorism strategies and intelligence-sharing mechanisms.
2. Serious Fraud Office (SFO), UK
a. Complex fraud investigations: The SFO's experience in handling high-
profile financial crimes can be replicated.
b. Asset recovery: The CBI can learn from the SFO's methods of
recovering proceeds of crime.
3. European Anti-Fraud Office (OLAF)
a. Cross-border cooperation: The CBI can strengthen its international
collaborations, especially in areas like human trafficking and drug
trafficking.
b. Data analytics: OLAF's use of data analytics for fraud detection can be
adopted.
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4. Independent Commission Against Corruption (ICAC), Hong Kong

a. Corruption prevention: The ICAC's preventive measures, such as
education and public awareness, can be implemented.
b. Witness protection: The CBI can learn from the ICAC's robust witness
protection programs.