Home Articles Politics CBI is Unconstitutional says Gauhati High Court

CBI is Unconstitutional says Gauhati High Court

Gauhati High Court has declared that the establishment of CBI as an investigating agency is Unconstitutional because the very process that was followed in setting up the CBI violated article 21 of the Indian Constitution. Article 21 of the Indian Constitution guarantees  Protection of life and personal liberty and says

“No person shall be deprived of his life or personal liberty except according to procedure established by law”.

What this means is that any organization or institution established without following the due process of law has no right to investigate into the actions of any person or any crime in India. And CBI, the high court said, was not setup following the due process of law. Why?

CBI was established on 1 April 1963 through a Home Ministry resolution by consolidating the previously established Special Police Establishment (SPE). SPE has its legal roots in the DSPE (Delhi Special Police Establishment) Act of 1946.

Guwahati High Court

The Gauhati High Court has said that since CBI was formed through a Home Ministry resolution, it was

“not the decision of the Union Cabinet nor were these executive instructions assented to by the President”,

and hence the court said

“The actions of the CBI, in registering a case, arresting a person as an offender, conducting search and seizure, prosecuting an accused etc. offend Article 21 of the Constitution and are, therefore, liable to be struck down as unconstitutional.”

Hence, the Home Ministry resolution of 1963 of setting up CBI, the court said

“can, at best, be regarded as departmental instructions, which cannot be termed as ‘law’,”

And according to the Constitution of India, no agency setup without following the due process of law, can have the power to register case, investigate into crimes, or arrest persons.

Hence, the court has concluded, that the establishment of CBI is Unconstitutional. The Guwahai high court judgment would be challenged by the Central government in Supreme Court. It would be interesting to see what would be the judgement of the country’s highest apex court on the constitutional validity of CBI as an investigating agency.

Content Protection by DMCA.com

Download HitXP Mobile App

Get it on Google Play
Gurudevhttps://www.hitxp.com
Gurudev is the developer of Gurunudi AI Platform. This is his official website where he pens his thoughts on a wide range of topics, answers queries, shares resources and tools developed by him.

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here

FacebookLike
InstagramFollow
PinterestFollow
RSS FeedSubscribe
Sound CloudFollow
TwitterFollow
YoutubeSubscribe

Latest Articles

How does GOD helps us?

Do prayers really help? Do miracles happen when we are in trouble? Does God really help us in times of need? Are prayers enough to save us during bad times? How should we face problems?

Sanskrit poem on Ramayana – read in reverse becomes Mahabharata!

A Sanskrit poem about Ramayana when read in reverse direction becomes a poem on Mahabharata!

The difference between Itihasa and Puranas

Documentation of ancient Indian history and the historical events of Indian civilization in the form of Itihasa and Puranas - Ramayana and Mahabharata.

Online Education should be interactive and innovative – Fun to Learn

For online education to succeed for smaller classses - it should be as interesting as cartoons. Online education cant succeed unless it is more interesting, interactive and innovative than offline schooling.

Latest Music Notations

Oo Antava Mava – Pushpa – Piano Notations

Piano, Keyboard, Violin, Flute notes, Guitar Tabs and Sheet Music of the Song Oo Antava Mava from the 2022 Telugu movie Pushpa in Western and Indian Notations.

Kaa Chalige Bangalore (Tiningaa Miningaa Tishaaaa) – Salaga – Piano Notations

Piano, Keyboard, Violin, Flute notes, Guitar Tabs and Sheet Music of the Song Tiningaa Miningaa Tishaaaa (Kaa Chali Ge) from the 2022 Kannada movie Salaga in Western and Indian Notations.

Title Track BGM – Irul – Piano Notations

Piano, Keyboard, Violin, Flute notes, Guitar Tabs and Sheet Music of the Song Title Track BGM from the 2021 Malayalam movie Irul in Western and Indian Notations.

Ninnukori Varnam – Agni Natchathiram – Piano Notations

Piano, Keyboard, Violin, Flute notes, Guitar Tabs and Sheet Music of the Song Ninnukori Varnam from the 1988 Tamil movie Agni Natchathiram in Western and Indian Notations.
Content Protection by DMCA.com