The Narendra Modi government at the Center has decided to extend the tenure of the Enforcement Directorate i.e. ED and the Chief of CBI by giving a big gift. Now the tenure of ED and CBI Chief has been increased to 5 years. The Government of India has brought an ordinance to extend the tenure of directors of ED and CBI by 5 years. President Ram Nath Kovind has signed both the ordinances. According to the new ordinance, the appointment of CBI and ED chiefs will be done for the first two years. After this, extension will be given for three years (1+1+1). Three extensions can be given for one year each. But it should not be more than 5 years in total. Even before this he cannot be removed before his term ends, his tenure can be given extension by the government.
gift before winter session
The ordinance named Central Vigilance Commission (Amendment) 2021 has been brought by the central government a few days before the start of the winter session of Parliament, which is scheduled to begin on November 29. President Ram Nath Kovind has given his assent to the ordinance. The central government is expected to introduce a law in Parliament to change this. At present, the tenure of the chief of ED and CBI is two years. The current CBI chief in the country is Subodh Jaiswal and ED chief Sanjay Kumar Mishra. Let us inform that this ordinance has come from the government at a time when the opposition is constantly accusing the Center of misuse of central investigative agencies. In fact, it is being repeatedly said by the opposition leaders that the government is targeting them through CBI, ED and other investigating agencies. However, the government has vehemently denied these allegations. It is worth noting that recently a Supreme Court bench headed by Justice LN Rao gave its verdict in the matter related to extension of the tenure of Director of Enforcement Directorate SK Mishra. In this judgment, the court had said that such extension should be given only in exceptional circumstances. Mishra’s two-year term as the head of the Enforcement Directorate will end next week on November 17.
Changes in the rules several times
The country’s apex investigative agency CBI is currently headed by Subodh Kumar Jaiswal, a 1985-batch IPS officer who was appointed for a period of two years in May 2021. The ED is headed by IRS officer Sanjay Kumar Mishra, who was appointed to the post in November 2018. In November 2020, his term was extended by the Center for one more year. Mishra’s two-year term ended in November 2020, but was given a one-year extension. It is noteworthy that before 1997, the tenure of the directors of CBI was not fixed and the government could remove them in any way. However, in the Vineet Narain judgment, the Supreme Court fixed a minimum tenure of two years for the CBI director to allow the officer to function freely.