Winter session of Parliament to look into bills to extend tenure of ED, CBI directors by 5 years

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Weeks after the central government brought in two ordinances to ensure that the tenure of directors of the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) can be up to five years, it is all set to amend the respective Acts. Is. The upcoming winter session of Parliament.

According to the Lok Sabha bulletin released on Tuesday, the government will move the Central Vigilance Commission (Amendment) Bill, 2021 and the Delhi Special Police Establishment (Amendment) Bill, 2021 for introduction, consideration and passing. Earlier this month, the central government brought two ordinances to amend the Central Vigilance Commission (CVC) Act, 2003 and the Delhi Special Police Establishment (DSPE) Act, 1946.

While the CVC Act deals with the appointment and tenure of the ED Director, the DSPE Act is responsible for the appointment and tenure of the CBI Director. The two ordinances were signed by President Ram Nath Kovind and published in a gazette notification on November 14.

Till now both the posts had fixed tenure of two years. As per the ordinances, the tenure of CBI and ED directors can now be extended up to three years after the mandatory two-year tenure.

The tenure of CBI directors was not fixed till 1997. The government had the power to remove them by any means. It was the Supreme Court’s decision in the Vineet Narayan case that ensured that the CBI director would have a fixed tenure of at least two years to allow the officer to work with independence.

“Director, CBI shall have a minimum tenure of two years, irrespective of the date of his retirement. This will ensure that a suitable officer in all cases is not ignored just because he has less than two years from the date of his appointment… Director, Enforcement Director like Director, CBI’s minimum tenure of two years Will happen. In his case also, the premature transfer for any extraordinary reason has to be approved by the aforesaid selection committee headed by the Central Vigilance Commissioner,” reads the judgment issued on December 18, 1997.

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