Ordinances to extend tenure of ED- CBI directors

Ordinances to extend tenure of ED- CBI directors

Subject – Polity

Context – Centre brings Ordinances to extend tenure of ED, CBI directors up to 5 years

Concept –

• Directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) may now continue in their jobs for up to five years if the government desires.
• Both posts currently have a fixed tenure of two years.
• The Delhi Special Police Establishment (DSPE) Act and The Central Vigilance Commission (CVC) Act have been amended to give the government the power to keep the two chiefs in their posts for one year after they have completed their two-year terms.
  • The CBI is governed by The DSPE Act;
  • The CVC Act lays down the term of office of the Director of Enforcement.
• And this one-year extension, the amendment says, can continue to be given until the officers complete five years as the chiefs of the agencies.
• Section 4B(1) of the Act deals with the fixed two-year tenure of the CBI Director.
  • The ordinance issued on Sunday said the following provisos shall be inserted in section 4B(1) of the DSPE Act, 1946:
  • “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 (the committee led by the Prime Minister and leader of Opposition and CJI as members) 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.”
• In the case of The CVC Act, the government has inserted an amendment in clause D of Section 25 of the law that deals with the fixed two-year tenure.
  • “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) — comprises of CVC chief, Revenue and Home Secretaries among others — 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.”