Aditi Tandon
Tribune News Service
New Delhi, 14 November
The government today promulgated two ordinances to increase the tenure of chiefs of CBI and Enforcement Directorate from two years to five years.
The ordinances signed by President Ram Nath Kovind said that CBI and ED directors can be given an extension of up to five years every year after completing the initial years (two years) of their appointment. The Delhi Special Police Establishment Amendment Ordinance, 2021, amends section 4B of the Delhi Special Police Establishment Act to insert the following part: “Provided that the period for which (CBI) Director holds office on his initial appointment, which may, in the public interest, on the recommendation of the Committee under sub-section 1 of section 4A, for reasons to be recorded in writing, be extended for one year at a time. provided that such
Overall, the extension will be given after the completion of the period of five years.”
The Central Vigilance Commission Amendment Ordinance, 2021, likewise inserts a provision in Section 25 of the principal Act, making it possible to extend the tenure of an ED director to five years by way of annual extension after completing two years of service.
The ordinances further read: “While Parliament is not in session and the President is satisfied that circumstances exist which are necessary for him to take immediate action.”
The ordinance comes ahead of the retirement of ED director Sanjay Kumar Mishra on November 17.
Earlier, the NGO Common Cause had moved the Supreme Court against the government’s November 2020 order extending Mishra’s term by one year.
The Supreme Court had on September 8 upheld the Centre’s decision to extend the tenure of the ED director, but said he cannot be granted further extension. A bench headed by Justice L Nageswara Rao said, “We do not intend to interfere with the extension of the tenure of the second respondent (Misra), as his term is expiring in November, 2021.”
ordinance issued
- Delhi Special Police Establishment Amendment Ordinance
- Central Vigilance Commission Amendment Ordinance
- ED director SK Mishra was due to retire on November 17
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