Weeks after the Union authorities introduced in two ordinances to be certain that the Directors of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) may have tenures of up to 5 years, it’s all set to amend the respective Acts within the upcoming Winter session of Parliament.
According to the Lok Sabha Bulletin launched on Tuesday, the federal government will transfer motions to introduce, contemplate and move the Central Vigilance Commission (Amendment) Bill, 2021 and the Delhi Special Police Establishment (Amendment) Bill, 2021. Earlier this month, the Centre introduced in two ordinances to amend the Central Vigilance Commission (CVC) Act, 2003 and the Delhi Special Police Establishment (DSPE) Act, 1946.
While the CVC Act offers with the appointment and tenure of the ED Director, the DSPE Act is accountable for the appointment and tenure of the CBI Director. The two ordinances have been signed by President Ram Nath Kovind and revealed within the Gazette notification on November 14.
So far, each posts had a hard and fast tenure of two years. According to the ordinances, the tenure of the administrators of the CBI and the ED can now be prolonged by up to three years after the mandated time period of two years.
The tenure of the CBI administrators was not fastened till 1997. The authorities had the facility to take away them in any method. It was the Supreme Court verdict within the Vineet Narain case that ensured that the CBI director can have a hard and fast tenure of a minimal of two years to permit the officer to work with independence.
“The Director, CBI shall have a minimum tenure of two years, regardless of the date of his superannuation. This would ensure that an officer suitable in all respects is not ignored merely because he has less than two years to superannuate from the date of his appointment… The Director, Enforcement Director like Director, CBI shall have a minimum tenure of two years. In his case also, premature transfer for any extraordinary reason should be approved by the aforesaid Selection Committee headed by the Central Vigilance commissioner,” the judgement issued on December 18, 1997 reads.