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“CBI must understand its status as one among several organizations of Govt. of India. And , They are mandated to work well within the amplitude provided by Honorable Executive & authorized by Honorable Parliament. Policy & Legislation can Neither be governed by the  demand , wish & aspiration of CBI nor even any other Constitutional Institutions including Judiciary except Constitutional Spirit , Executive & Parliament. CBI & others must understand their jurisdiction & know that Policy & Legislation are the exclusive matter of Executive & Parliament only.

CBI can only Suggest some points to Honorable Executive for better functioning of CBI. But , even in Dream , CBI can NOT think to demand or force anything upon Executive & Parliament by any means including writ in SC.

But CBI has taken the route of SC to fight against Honorable Executive & Parliament which is nothing but challenging the power & authority of Honorable Executive and Honorable Parliament in democratic set up of governance which is totally unfair.

Further , Most unfortunate is the acceptance of case by SC. How can Court dictate & order to Honorable Executive & Parliament regarding matter of policy & legislation. At most SC can suggest something but should not make order to interfere in the exclusive domain of Honorable Executive & Parliament. If all these are going on ..... Then , Is it not against the Doctrine of Separation of Power ? But , India is a country where anything can happen !

CBI is just a tiny organization which is created by executive & authorized by elected members ie The Parliament. Its own very existence , is its self lies on Honorable Executive & Parliament , which can be altered or even repealed at any point of time by Honorable Executive & Parliament. Then How can CBI think to fight against its lords ?

CBI must understand that CBI can NOT dictate Term & Condition for its own functioning. CBI can NOT say that give me this & that …. only then CBI will act & function. CBI has NO right , even in dream, to behave like this. They must work with full efficiency well within the mandated jurisdiction & with available resources only. Rest is the matter of Honorable Executive & Parliament which has people’s mandates.

Further , Most unfortunate aspect is the mindset of people of India , who are enjoying the weaken status of the most important pillar of Democracy as Honorable Executive & Parliament. But , People of India must understand that Democracy is all about people’s will which is represented by our Honorable Parliamentarians. Challenging the power & authority of these Honorable Parliamentarians means challenging the power & authority of We the People of India. How can a tiny organization challenge the power & authority of  We the People of India ?  But it is happening in India  , not only in case of CBI but also has happened at the time of CAG hyper activism. Which is Unwarranted , Unnecessary , Unconstitutional & Unfortunate for Democratic set up of India.

As for as the Status of Director CBI is concern , Who is the CBI or anyone else to decide the Status , Power , Function & Jurisdiction of Director CBI ? All these are exclusive matter of Honorable Executive & Parliament. No other Institution or Organization can Dictate , Order or Demand anything from Honorable Executive & Parliament.

Today, Director CBI is demanding autonomy like Secretary of Ministries & trying to surpass the Secretary DoPT. Tomorrow , Army Chief will say that what is the need of Defence Secretary ? Army Chief should be ex-officio Secretary of Defence. IB chief & other will say that there is NO need of Home Secretary & we should be made ex-officio Home Secretary and so on. Is it fair ? No , Not , Never.

Frankly speaking , It seems that ….. Today’s War of autonomy for CBI is not for CBI but Mr. Ranjit Sinha is fighting for himself for his ego satisfaction after a unwanted , unconstitutional & irrational comment by SC. Mr. Sinha can NOT open mouth against SC. So for ego satisfaction , he is fighting against his father Institutions which is unwarranted & unacceptable. Earlier Mr. Sinha , also , demanded a fixed tenure for CBI director. Who is he to demand all these things ? Is he authorized for this ? No , Not , Never . He can only suggest some step for better functioning but can NOT demand anything. His demand will open a path for other organization to demand more & more power & will try to undermine power , authority & dignity of the Honorable Executive & Parliament either directly or by writ in SC. Is it fair for a democracy ? No, Not, Never.

It is a system which is functioning well. There are some misuse of CBI in recent decade but this does not mean that System is bad. This means that some people within the system are bad. For that , System needs some overhauling but only by the wisdom of executive and authorization of Parliament , Not by the demand, wish & aspiration of CBI.

Whatever is Happening as in case of CBI ….. that is the Symbol of Weak Executive , Weak Parliament & Weak Judiciary ….. Which is Unhealthy for Democracy, Unwarranted on the part of CBI , Breach of Jurisdiction by CBI & Others  & Un-constitutional in the Spirit of Constitution itself . Today , If Smt Indira Gandhi was alive and was remain in corridors of Power then No one can dare to think, forget about to open the Mouth like Mr. Sinha , about all these things , even in dream , to challenge the power & authority of Executive & Parliament.

Now, We have nothing except only to hope a better out come of all these issues.


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Category Constitutional Law, Other Articles by - Rajani Kant Indra 



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