Ordinances brought in to increase their current 2-year term
The Centre on Sunday brought two Ordinances to enhance the tenure of directors of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) from the current two years from the date of taking charge to a maximum of five years.
The CBI and ED chiefs enjoy a minimum fixed tenure of two years from the date of their appointment in the wake of the directives of the Supreme Court in the famous Vineet Narain case.
The Central Vigilance Commission (Amendment) Ordinance comes barely three days ahead of the retirement of incumbent ED Director SK Mishra, a 1984-batch IRS officer. The Government had granted him an extension of one year in 2020 after the completion of his two years fixed term.
In response to a petition, the issue of extension of Mishra’s tenure was heard by the Supreme Court this year which did not quash the extension but told the Government not to give any further extension to him beyond November 17, 2021.
The timing of the promulgation of the Ordinance suggests Mishra’s tenure may be extended further, officials said.
The Ordinance promulgated by President Ram Nath Kovind that comes into effect “at once” states: “Provided that the period for which the director of enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the committee under clause (a) and for the reasons to be recorded in writing, be extended up to one year at a time:”
“Provided further that no such extension shall be granted after the completion of a period of five years in total, including the period mentioned in the initial appointment,” the Ordinance outlines.
The ED director is appointed by the Union Government on the recommendation of a committee chaired by the central vigilance commissioner and members comprising vigilance commissioners, home secretary, secretary DOPT and revenue secretary.
The Government has also brought in Delhi Special Police Establishment (Amendment) Ordinance, 2021 which also provides for a similar extension of service to the CBI director and is also effective with immediate effect.
The Ordinance inserts the provision in DSPE Act that “Provided that 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: Provided further that no such extension shall be granted after the completion of a period of five years in total, including the period mentioned in the initial appointment.”
The CBI director is selected on the basis of the recommendation of a committee consisting of the Prime Minister, the Chief of Justice of India and the Leader of Opposition.
The fixed term of two years was aimed at ensuring the chiefs of CBI and ED work freely from any Government interference without worrying about any adverse action for the probes carried out by them against influential accused persons.