Highlights:
1. Earlier, the total tenure of CBI and ED Chiefs was for up to 2 years only
2. The tenure can be extended one year at a time.
3. The current ED Chief is Sanjay Kumar Mishra
4. The current CBI Chief is Subodh Kumar Jaiswal
Today, the Central Government has brought an ordinance that extends the tenure of CBI and Enforcement Directorate Chiefs to 3 more years.
The tenure can be extended one year at a time and can’t be extended further once it exceeds 5 years from the date of the initial appointment.
So far, the tenure of both officials is to up to 2 years but with the new ordinance, their tenure is now up to 5 years.
Here is what the ordinance said regarding the same.
Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in the public interest, on the recommendation of the Committee under clause(a) and for the reason to be recorded in writing, be extended up to one year at a time.
Provided further that no such extension shall be granted after the completion of a period of five years in total, including the period mentioned in the initial appointment.
The Central Government brings the new ordinance by amending the Delhi Police Special Establishment Act, 1946 and Section 25 of the Central Vigilance Act, 2003.
The President of India, Shri Ram Nath Kovind signed the new ordinance brought by the central government.
The Initiation
All of this was started when Advocate Prashant Bhushan from the side of NGO Common Cause filed a petition against a decision of the Central Government that extends the tenure of the current ED Director Sanjay Kumar Mishra for 1 more year.
Earlier, the advocate said, Mr. Mishra, has reached the age of 60 years in May 2020 and hence should not be given any further extension to his tenure.
In response to the petition filed by Mr. Bhushan, the apex court said, a reasonable period of extension can be granted to complete the ongoing investigations. However, that should be permitted by the committee constituted under section 25 of the Central Vigilance Commission Act.
Now, the new ordinance is circumventing the ruling of the apex court and also making Mr. Mishra eligible for two more years of his tenure.
Inputs from: NDTV, The Wire, Hindustan Times