THE DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946

What is the ACT No. of Delhi Special Police Establishment Act, 1946?

ACT No. 25 OF 1946

When was the Delhi Special Police Establishment Act enacted?

19th November, 1946

What describes the key purpose outlined in the long title of the Delhi Special Police Establishment Act, 1946?

To provide for the formation of a special police force in Delhi to investigate certain offenses

The initial establishment of the Special Police Establishment (SPE) in 1941 was primarily to investigate which types of cases?

Bribery and corruption related to war procurement during World War II

The preamble to the DSPE Act, 1946, states the Act's purpose is to make provision for the constitution of what?

A special police force in Delhi

The special police force constituted under the Act is primarily intended for the investigation of:

Certain specified offences

Besides constitution and extension of powers, the preamble also makes provision for the:

Superintendence and administration of the said force

Which legal body does the Delhi Special Police Establishment (DSPE) Act, 1946, establish?

The Central Bureau of Investigation (CBI) (DSPE is the force established; CBI is the popular name and extension of this force)

How is the Act's jurisdiction extended to other areas, including states, as per subsequent sections and judicial pronouncements?

Requires the consent of the respective state government.

The Delhi Special Police Establishment (DSPE) is not a statutory body in itself but derives its powers from:

The Delhi Special Police Establishment Act, 1946

According to the Act, the extension of the powers and jurisdiction of the DSPE to areas within a state requires:

The consent of the respective State Government

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Short title and extent”?

Section 1

What is the full short title of the Act as per Section 1(1)?

The Delhi Special Police Establishment Act, 1946

What is the current extent of the Delhi Special Police Establishment Act, 1946?

The whole of India

The words "except the State of Jammu and Kashmir" were omitted from Section 1(2) by which Act?

Act 62 of 1956, S.2 and the Schedule

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Interpretation section”?

Section 1A

Section 1A of Delhi Special Police Establishment Act, 1946 is inserted by:

Ins. by Act 45 of 2003, S.26 (w.e.f. 11-9-2003).

Section 1A of the DSPE Act was inserted by which of the following legislation?

The Central Vigilance Commission Act, 2003 (45 of 2003)

The purpose of Section 1A is to provide definitions for words and expressions that are:

Used in the DSPE Act but not defined within it.

As per Section 1A, if a word is used in the DSPE Act but its meaning is not explicitly given, where should its definition be sought?

The Central Vigilance Commission Act, 2003

What is the legal effect of Section 1A on the interpretation of the DSPE Act?

It binds the interpretation of undefined terms in the DSPE Act to the corresponding definitions in the CVC Act.

Section 1A was added to the DSPE Act to bring it in alignment with the CVC Act, 2003. This is an example of:

Harmonious construction of statutes.

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Constitution and powers of special police establishment”?

Section 2

Who is empowered to constitute the Special Police Establishment according to Section 2(1) of the Act?

The Central Government

For the investigation of which type of offences can the Special Police Establishment be constituted?

Offences notified under Section 3

The phrase "Union Territories" in the DSPE Act was substituted for the earlier phrase "Part C States" by which legal instrument?

The Adaptation of Laws Order, 1956.

What is the formal name of the special police force constituted under Section 2(1)?

Delhi Special Police Establishment

Section 2(1) starts with a non-obstante clause. What is the significance of this clause?

It implies the provisions of the Act will prevail over the Police Act, 1861.

Members of the Special Police Establishment have powers, duties, privileges, and liabilities similar to local police officers in which areas?

In any Union Territory

A member of the Special Police Establishment holding a rank of or above which level can exercise the powers of an officer-in-charge of a police station under Section 2(3)?

Sub-Inspector

The powers, duties, privileges, and liabilities of the Special Police Establishment members are determined by:

Any orders the Central Government may make

The specific list of offences that the Special Police Establishment investigates "in any Union territory" is found in which section of the Act?

Section 3

When investigating offences and arresting individuals, members of the Special Police Establishment possess powers and liabilities comparable to police officers in the respective:

Union Territory

The authority granted under Section 2(3) for a DSPE officer to act as an officer-in-charge of a police station is applicable in which areas?

In any Union Territory

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Offences to be investigated by special police establishment”?

Section 3

Who specifies the offences or classes of offences that the Delhi Special Police Establishment (DSPE) is empowered to investigate, as per Section 3 of the Act?

The Central Government, by notification in the Official Gazette

The purpose of the notification under Section 3 is to:

Specify the particular types of offenses that the DSPE will investigate.

What is the legal instrument used by the Central Government to specify the offences under Section 3?

A gazette notification in the Official Gazette.

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Superintendence and administration of Special Police Establishment”?

Section 4

For the investigation of offenses under the Prevention of Corruption Act, 1988, where does the superintendence of the Delhi Special Police Establishment (DSPE) vest?

In the Central Vigilance Commission (the Commission)

In all matters other than the investigation of offenses under the Prevention of Corruption Act, 1988 (49 of 1988), the superintendence of the DSPE vests in:

The Central Government

The administration of the Special Police Establishment is vested in an officer appointed by the Central Government, what is he referred to as?

The Director

In relation to the administration of the DSPE, the Director exercises powers similar to which state police official?

Inspector-General of Police

Who specifies the exact powers exercisable by the Director of the DSPE?

The Central Government, by specification

The purpose of separating the administrative control of the DSPE (vested in the Director) from the superintendence of investigations (vested partly in the CVC) is to:

Insulate the CBI's investigation of corruption cases from executive interference.

The dual superintendence model for the DSPE was established by an amendment to Section 4, a result of the Supreme Court's directives in the case of:

Vineet Narain v. Union of India (1997) case, also known as the Jain Hawala Case

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Committee for appointment of Director”?

Section 4A

Who officially makes the appointment of the Director of the Special Police Establishment?

The Central Government

Who serves as the Chairperson of the Committee for the appointment of the Director of the Special Police Establishment?

The Prime Minister

The Appointment Committee includes the Leader of the Opposition in the Lok Sabha. In case there is no recognized Leader of the Opposition, who is included in the Committee?

The Leader of the single largest Opposition Party in the Lok Sabha as a Member

Who is a member of the Committee for the appointment of the Director, besides the Chairperson and the Leader of the Opposition?

The Chief Justice of India or a Judge of the Supreme Court nominated by him

The Appointment Committee for the Director is a three-member body. Who are its members?

Prime Minister, Leader of Opposition, and Chief Justice of India

Whether an appointment of a Director invalid merely by reason of any vacancy or absence of a Member in the Committee?

No

The Appointment Committee, for being considered for appointment as the Director, before recommending a panel of officers, considers their seniority, integrity, and experience in the investigation of:

Anti-corruption cases

The panel of officers recommended by the Committee for being considered for appointment as the Director must be from which service?

Indian Police Service (IPS) constituted under the All-India Services Act, 1951 (61 of 1951)

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Terms and conditions of service of Director”?

Section 4B

What is the minimum guaranteed tenure of the Director of the Special Police Establishment?

Two years

The Director's tenure is assured "notwithstanding anything to the contrary contained in the rules relating to his conditions of service." This provision was put in place to ensure:

Protection against arbitrary removal or transfer

 The period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons to be recorded in writing, Be extended up to one year at a time. This proviso is inserted to sub sec 1 of sec 4B by:

Ins. by Act 45 of 2021, S.2 (w.e.f. 14-11-2021)

How is an extension to the Director's tenure granted?

Up to one year at a time

What is the maximum total period for which the Director's tenure can be extended?

Five years

An extension to the Director's tenure can be granted in the public interest based on the recommendation of which body?

The Committee for the appointment of the Director (under sub-section (1) of section 4A.)

When recommending an extension for the Director's tenure, the Committee must record the reasons for the decision in:

Writing

Can the Director of the Special Police Establishment be transferred before the completion of their tenure?

No, except with the previous consent of the appointment committee

The provision for a fixed tenure and consent for transfer aims to protect the Director from what?

Undue political and executive pressure

Section 4B was inserted into the DSPE Act following the landmark Supreme Court judgment in the Vineet Narain case to ensure:

The independence and stability of the CBI Director's office

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Director of Prosecution”?

Section 4-BA

Section 4-BA of Delhi Special Police Establishment Act, 1946 inserted by:

Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).

According to Section 4BA, what is the head of the Directorate of Prosecution designated as?

The Director

An officer not below which rank is required for the Director of Prosecution to conduct cases under the DSPE Act?

Joint Secretary to the Government of India

The Central Government appoints the Director of Prosecution based on the recommendation of which body?

Central Vigilance Commission

What is the specific function of the Directorate of Prosecution established under the DSPE Act?

To conduct prosecution of cases

For what minimum period must the Director of Prosecution hold office from the date of assuming charge?

Not less than two years

According to Section 4BA(2), under whose overall supervision and control does the Director of Prosecution function?

The Director.

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Appointment for posts of Superintendent of Police and above, extension and curtailment of their tenure, etc.”?

Section 4C

Who serves as the Chairperson of the Committee for recommending appointments to the posts of Superintendent of Police and above in the Delhi Special Police Establishment (DSPE)?

The Central Vigilance Commissioner (CVC)

(a) the Central Vigilance Commissioner           -Chairperson;

(b) Vigilance Commissioners                              -Members;

(c) Secretary to the Government of India in    -Members;

Charge of the Ministry of Home

(d) Secretary to the Government of India         -Members

in charge of the Department of Personnel                                                                

committee consisting under section 4C

What two government secretaries are members of the committee constituted under Section 4C?

Home Secretary and Secretary in charge of the Department of Personnel

Before submitting its recommendations to the Central Government, the committee established under Section 4C must consult with:

The Director of the DSPE

The Central Government appoints officers at the level of Superintendent of Police and above (excluding the Director) in the DSPE based on whose recommendation?

The Committee constituted under Section 4C

According to Section 4C, who is responsible for recommending the extension or curtailment of the tenure of officers at the level of Superintendent of Police and above?

The Committee constituted under Section 4C

Section 4C ensures that the final orders regarding the appointment, extension, or curtailment of tenure for these senior officers are passed by:

The Central Government, giving effect to the committee's recommendations

The provisions of Section 4C were introduced as part of the overall reforms aimed at strengthening the CBI's independence, which stemmed from a landmark Supreme Court judgment in the case of:

Vineet Narain v. Union of India

The involvement of the Central Vigilance Commissioner and Vigilance Commissioners in the appointment process of senior DSPE officers is a legal mechanism to ensure:

Oversight and independence in vigilance-related matters.

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Extension of powers and jurisdiction of special police establishment to other areas”?

Section 5

Who has the authority to extend the powers and jurisdiction of the Special Police Establishment to any area within a state?

The Central Government

For what purpose can the Central Government extend the powers and jurisdiction of the Special Police Establishment to areas within states?

To investigate offenses as notified under Section 3

The extension of the DSPE's powers and jurisdiction under Section 5 can be made to which specific areas?

Any area of a State (not being a Union territory) and any railway area

When the powers and jurisdiction of the DSPE are extended to a state area, how do its members function there?

As police officers of that area, with corresponding powers, privileges, and liabilities

According to Section 5(2), when the DSPE's powers are extended, a member of the DSPE is deemed to be a member of:

The police force of the area to which the powers are extended

What rank must a member of the DSPE hold to exercise the powers of an officer-in-charge of a police station in an extended area?

At least Sub-Inspector (any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector)

Which subsection of Section 5 specifies that a DSPE officer of or above the rank of Sub-Inspector can exercise the powers of an officer-in-charge of a police station in an extended area?

Subsection (3) of Section 5

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Consent of State Government to exercise of powers and jurisdiction”?

Section 6

According to Section 6 of the DSPE Act, the consent of the State Government is required for the Delhi Special Police Establishment (DSPE) to exercise powers and jurisdiction in which territorial area?

Any state (not being a Union Territory or railway area)

Section 6 is a limiting provision on which other section of the Act?

Section 5, which allows the Central Government to extend powers

A state government can grant consent to the DSPE in what manner?

Either by general or specific consent

What is the legal basis for requiring state consent for CBI investigations, as reflected in Section 6?

The federal structure of the Indian Constitution, where 'police' is a State subject

In the context of Section 6, what is the legal position regarding the withdrawal of consent by a state government?

It is prospective and does not affect previous investigations

Under which circumstance can the DSPE exercise its powers within a state without the consent of the state government?

If a Constitutional Court (e.g., Supreme Court or High Court) orders the investigation

Can a Constitutional Court (Supreme Court or High Court) overrule a state government's decision to not grant consent for a DSPE investigation?

Yes, by exercising its inherent jurisdiction to order an investigation

The CBI is exempt from obtaining state consent to investigate cases against central government employees in which areas?

Both Union Territories and Railway areas

In the case of M. Bala Krishna Reddy v. Director, CBI, the Supreme Court upheld the validity of state consent even if there were minor procedural lapses in how it was documented, provided the substance of consent was evident. This demonstrates the legal principle of:

Substantial compliance

Which provision of Delhi Special Police Establishment Act, 1946 deals with “Approval of Central Government to conduct, inquiry or investigation”?

Section 6A

Section 6A provision was declared unconstitutional by the Supreme Court of India in the landmark 2014 case of:

Subramanian Swamy v. Director, CBI.

The Supreme Court later clarified in 2023 in which of the case that its ruling invalidating Section 6A would have retrospective effect from the date of its insertion in 2003?

CBI v. R.R. Kishore (2023)

Under the original provisions of Section 6A(1), the DSPE was required to obtain previous approval from the Central Government for investigating offenses under the Prevention of Corruption Act, 1988, against which group of employees?

Central Government employees of the level of Joint Secretary and above

Section 6A was declared unconstitutional by the Supreme Court in 2014. Which fundamental right was it deemed to have violated?

Article 14 (Right to Equality)

In the 2023 case of CBI v. R.R. Kishore, the Supreme Court clarified the legal status of Section 6A. What was the outcome of this ruling?

The 2014 ruling invalidating the section was given retrospective effect.

Section 6A was related to which specific law concerning corruption?

The Prevention of Corruption Act, 1988

The Supreme Court in the Subramanian Swamy case reasoned that Section 6A violated Article 14 because it created an "unreasonable classification" by:

Giving special protection only to a class of senior public servants.

What does the retrospective effect of the 2014 judgment on Section 6A mean for corruption cases investigated by the DSPE between 2003 and 2014?

The prior approval requirement for those cases is considered void from the outset.

Which provision of Delhi Special Police Establishment Act, 1946 is repealed by “[Repeal of Ordinance 22 of 1946] Rep. by the Repealing and Amending Act, 1950 (35 of 1950), s. 2 and Sch. I.”?

Section 7