New Delhi: Notwithstanding the raging NCTC controversy, a Parliamentary panel has recommended giving CBI "effective" statutory backing through enactment of a law similar to NIA act so that the agency can probe corruption cases throughout the country without the states' consent.
The panel made the recommendation observing it is a "dire need" of the hour.
"The Committee takes note of the opinion of the learned AG (Attorney General). But, it is noteworthy that a federal legislation, viz, The National Investigation Agency(NIA) Act, 2008 is in place, which provides for an investigation agency at the national level to investigate and prosecute certain class of offences," the panel said in its report tabled in Parliament on Monday.
"The Committee is of the considered view that a legislation may be proposed on similar lines, to give an effective statutory backing to CBI, which is a dire need of the hour, while taking care that the basic features of the Constitution are not compromised," it said.
The panel had sought the opinion of the Attorney General on whether CBI could launch prosecution on offences related to matters in the Union List of the Constitution.
The AG had then opined to identify the specific matters.
"It is not open to provide that the jurisdiction of the bureau (CBI) shall extend to whole of India and that prior consent of the states will not be necessary," the AG had said, adding that "in his opinion, this violates the basic federal structure of the Constitution."
The panel took note of the Attorney General's opinion, but suggested the government to consider the legislation close on the lines of the NIA Act, 2008 to authorise CBI to probe and prosecute graft-related offences only.
The Centre's move to set up a National Counter Terrorism Centre (NCTC) ran into rough weather early this month following opposition from several states which alleged it was aimed at usurping powers of state governments.
The Committee, in its report on demands for grants (2012-13) of the Ministry of Personnel, Public Grievances and Pensions, also asked the government to ensure that CBI's modernisation plan should not be hampered due to budgetary constraints.
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