Bills extending tenure of ED and CBI passed in the Lok Sabha

Amid strong objection from the Opposition, the Lok Sabha on Thursday passed two Bills allowing the Centre to extend the tenure of the Enforcement Directorate (ED) chief and the CBI Director up to five years from the current fixed tenure of two years.

These Bills intend to provide enabling power to the government to extend tenure of the Chiefs of Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) up to five years. While the CVC Amendment Bill is related with the ED Chief, the Delhi Special Police Establishment Act prescribes norm for the CBI Director. Earlier, both these officers used to be given a term of two years.

The Opposition had questioned the move stating that it is a move to retain incumbent Enforcement Directorate Chief S K Mishra, a 1984-batch IRS officer. S.K. Mishra was appointed for two years in November 2018, and his services were extended by an order on November 13, 2020, which amended the original term of appointment from two years to three years.

In September this year the Supreme Court in Common Cause (A Registered Society) v. Union of India and others had expressly barred any further extension of Mr. Mishra's tenure. The judgement came on a plea filed by NGO Common Cause challenging retrospective change in the 2018 appointment order of Mishra as Director of the ED.

Pleas were filed by Tronamool Congress’ Mohua Moitra and Indian National Congress leader Randeep Singh Surjewala in the Supreme Court challenging the Centre's ordinances to extend the tenure of the Directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years. The Bills replace the ordinances brought in last month. The petition claimed that there are no criteria provided in the ordinance save for a vague reference to ‘public interest’ and is in fact, based on the subjective satisfaction of the Respondents.

The bill was passed amidst protest. Congress members walked out in protest when the two Bills were put to voice vote in the Lok Sabha.