Three-member committee must appoint CBI director by consensus and task director with regaining agency’s credibility
The crucial matter regarding the appointment process of the Central Bureau of Investigation director is listed before the Supreme Court. The petition flags two issues:
it challenges the appointment of the incumbent CBI director, M. Nageswara Rao, as being illegal as he was unilaterally appointed by the government, bypassing the selection committee, and
it highlights the complete lack of transparency in the appointment process.
As per the provisions of the law governing the appointment of the CBI director (the Delhi Special Police Establishment Act), the selection committee consists of the prime minister, the leader of opposition and the chief justice of India or a judge of the Supreme Court nominated by him. The composition of the selection panel has been an issue of public debate and has evolved over the years to its present composition.
On Thursday, the selection committee meeting involving Prime Minister Narendra Modi, Chief Justice Ranjan Gogoi and opposition leader Mallikarjun Kharge adjourned without being able to finalise a name for the CBI director’s post.
It is important that these three men respect the spirit of bipartisanship which Parliament envisaged when tasking such a committee with selecting the CBI director. With so many IPS officers to choose from it should not be difficult to finalise a competent individual with a consensus among all three panel members. This would greatly reassure the agency and the general public that the CBI has been entrusted in good hands. An officer with experience in CBI would perhaps be the best choice.