Centre Tables Bill In Lok Sabha To Extend Term Of CBI, ED Directors Upto 5 Years

The Central Vigilance Commission (Amendment) Bill, 2021 and the Delhi Special Police Establishment (Amendment) Bill, 2021 have been introduced in the Lok Sabha. Minister of State, Prime Minister's Office, Dr.Jitendra Singh sought the introduction of both the Bill in Lok Sabha today. Even while opposition party members raised their objections to the introduction of the Bills, the House approved the introduction by voice-vote. MoS Jitendra Singh briefly countered the arguments while seeking the introduction of the Bills. He said that there was no mala fide in the instance and in fact, the process is being streamlined. "If you read the CVC Act, it clearly says Director of Enforcement will hold office for not less than 2 years. It has never laid the period of 2 years which is being extended. Rather we are streamlining it by limiting it to 5 years. If you are misinterpreting the clause, it is not my fault." He added that the argument that extensions will become routine is without merit. "You say extension will become routine. During the past governments there have been occasions where tenure has been extended without following process which we are doing now," he added. Minister also sought to dispel the questions being raised over the connection of the Bills with international angle. "There is a connection with the international angle.The entire criminology has changed over the years, new methodology, technology, new ramifications. I wish you went through the content and gave fair thought." Responding to opposition queries over the Ordinances which were passed just days before the Winter Session, Minister said: "Look at how the previous session functioned. If the Parliament doesn't function, will the government stop functioning? Today you had the patience other wise house doesn't function." In the context of the DSPE Amendment Bill, Minister said that one must look at S.8 of the FATF which requires that law enforcement authorities should have adequate human and technical resources and maintenance of confidentiality. "In the interest of confidentiality and in light of international ramifications this Bill is being introduced. Again and again it is being said that there is going to be liberty to extend the tenure, that is not true. The bill is going to streamline the process and limit it to 5 years," he reiterated. Central Vigilance Commission Bill, 2021The Bill seeks to amend Section 25 of the Central Vigilance Commission Act, which prescribes the term of the ED Director. These provisions originally fix the term of CBI and ED heads as 2 years. The Bill seeks to provide that the tenure of the Director of Enforcement can be extended for one year at a time on the recommendation of the Committee subject to a maximum period of 5 years. Delhi Special Police (Amendment) Bill, 2021The Bill seeks to amend Section 4B of the DSPE Act to provide that the tenure of the Director can be extended for a period of one year at a time, subject to a maximum term of 5 years. Background of the matterIn a recent decision, the Supreme Court dismissed the PIL of Common Cause, and upheld the power of the Central Government to extend the term of ED Director. However, the bench led by Justice L Nageswara Rao made it clear that extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases. Though the Court did not interfere with the extension granted with to Director of Enforcement, it observed that no further extension shall be granted to him.In November, The President of India promulgated two Ordinances to allow the extension of the tenure of the Directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years. The Ordinances amend Section 4B of the Delhi Special Police Establishment Act, which specifies the term of CBI Director and Section 25 of the Central Vigilance Commission Act, which prescribes the term of the ED Director. These provisions originally fix the term of CBI and ED heads as 2 years. The Ordinance insert provisos to these provisions.Significantly, this move came ahead of the expiry of the term of the incumbent ED Director Sanjay Kumar Mishra on November 17. The two Bills which have been introduced in the Lok Sabha today seek to replace the Ordinances passed in November. Detailed discussions on the provisions will commence on Monday. Read/download the Central Vigilance Commission (Amendment) Bill 2021 hereRead/Download the Delhi Special Police Establishment (Amendment) Bill 2021 here

Centre Tables Bill In Lok Sabha To Extend Term Of CBI, ED Directors Upto 5 Years

Sneha Rao

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