Chapter

The Supreme Court on the CBI<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0083
The Supreme Court on the CBI1

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The Supreme Court, in its judgment on 18 December 1997, made some observations on the integrity of the investigating and prosecuting agencies – primarily the CBI. This come about because there were good reasons to suspect that the independence of the agency had been suborned. The court struck down as unconstitutional the notorious single directive issued by the government to the CBI as it was an executive order which extended the curbs on prosecution to investigation. However, the court was not right in giving guidelines and directions for 'rigid compliance till the legislature brings in legislation. The court should have commended certain steps to be taken by the legislature, and not made them a part of a binding order.

Keywords: Supreme Court; CBI; single directive; prosecution; executive order

Chapter.  3466 words. 

Subjects: Constitutional and Administrative Law

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