Title : Ordinance for extension of service for directors of CBI & ED: Challenged in SC

Date : Nov 20, 2021

Description :

GS II

 

Government Policies and Related Issues is a topic that many people are interested in.

 

• Why is it in the news:

 

• The Supreme Court has decided to hear plea against the Ordinances, which allow the government to extend the tenures of the chiefs of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) "piecemeal" up to a maximum of five years.
• Furthermore, no criteria have been provided other than a vague reference to'public interest,' which is based on the Respondents' subjective satisfaction. • Finally, no criteria have been provided other than a vague reference to'public interest,' which is based on the Respondents' subjective satisfaction.

 

• Opposition parties have criticised the government's move, accusing it of opting for the ordinance route despite the fact that Parliament's session starts on November 29.

 

• The following are the ordinances:

 

• The Union Government has introduced two ordinances that allow the directors of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to have their service extended beyond their specified tenure of at least two years up to a maximum of five years, or three annual extensions after a predetermined two-year term.

 

• What legal arguments were made to overturn these ordinances:

 

• About a year ago, the ED Director was offered a one-year extension on a retrospective basis after completing a two-year fixed tenure.

 

• The government's decision was challenged in court, but it was upheld by the Supreme Court, with the caveat that such drastic actions should only be taken in extraordinary circumstances.

 

• The petitioners reference the verdict as well as the Supreme Court decision in Vineet Narain vs Union of India (1997), which said that the CBI and ED directors should have a two-year minimum tenure.

 

• Preliminary Exam Hot-Link:

 

• Background information on the CBI and how it came to be.
• The provisions of the DSPE Act.
• What does it mean to have general consent?
• What if states refuse to give their general consent?

 

• Source à https://www.livelaw.in/top-stories/supreme-court-challenging-ordinances-extending-tenure-of-cbi-ed-directors-185790

 

Tags : CBI, ED, Presidents powers to issue ordinance, supreme court