The lok Sabha is expected to pass the Bill seeking amendment in the Delhi Special Police Establishment (DSPE) Act on Tuesday to pave the way to overcome the hurdle in the selection of the new CBI chief due to the absence of leader of Opposition in lok Sabha.
The amendment will substitute the word ‘leader of Opposition’ to ‘leader of single-largest party in the Opposition’. Also, importantly, any vacancy or absence of a member in the panel will not render the Director’s appointment invalid.
The Bill was part of first day’s lok Sabha agenda. But it could not be taken up as the House adjourned for the day after condoling the deaths of two sitting MPs. As per the DSPE (Amendment) Bill, 2014 circulated among the lS members, Section 4 (A) of the DSPE Act will be amended to include the leader of the single-largest opposition party in the selection panel that chooses CBI Director when there is no recognised leader of Opposition (loP) in the lok Sabha.
“No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee,” the Bill said. The enactment of the lokpal and lokayuktas Act (also known as lokpal Act) this year has amended the DSPE Act.
Under the existing provisions, the CBI chief has to be appointed by the Central Government on the basis of recommendation of the selection committee headed by the Prime Minister, and comprising the loP and the Chief Justice of India or a Supreme Court judge nominated by him, as members.
Earlier, a committee headed by Central Vigilance Commissioner would recommend names for CBI Director.
The amendments in the DSPE Act are being brought in by the Government as there is no recognised loP in the lok Sabha. Congress with 44 seats in the 543-member lok Sabha has emerged as the second largest party after BJP’s 280 but fell short by 11 to stake claim for the loP’s post for which it requires a minimum strength of 55.
“Keeping in view the legislative practice followed in this regard, it is proposed to provide that no appointment shall be invalid merely by reason of any vacancy or absence of a member in the Committee,” reads the statement of objects and reasons, behind bringing the amendments, mentioned in the Bill.
The Department of Personnel and Training has meanwhile started the process for appointment of new chief of the investigating agency as CBI Director Ranjit Sinha’s tenure is ending on December 2.