The Central Bureau of Investigation (CBI) is an investigating agency working under the Ministry of personnel, public grievances, and pensions with the motto of “INDUSTRY, IMPARTIALITY, INTEGRITY “. It works for investigating bribery, corruption, breaches of law, multi-state organized crime, economic crimes, special crimes. Amendments to extend the tenure of CBI Director`s tenure and Enforcement Director's tenure have been initiated to bring institutional changes and autonomy.
Minister of State for Personnel Jitendra Singh moved to Rajya Sabha, with Special Police Delhi (Amendment) Bill, 2021' for increasing the CBI director’s tenure to 5 years on January 12, 2021. Most of the opposition parties, however, shortly walked out . Immediately thereafter, Singh tabled the Central Vigilance Commission (Amendment) Bill, 2021 to increase the tenure of Enforcement Director to up to 5 years from 2 years. The minister said in sabha that these bills tend to fix the maximum tenure of chiefs, whereas the earlier bill of 2003 was just 2 years which is one of the shortest tenures in the investigative agency. He also said that what is the motive of the opposition party moving out of the house they are just scared of the office of E.D. The bill is of national importance, they should have stayed for discussing the bill.
Last month, on December 9 both the bills of CENTRAL VIGILANCE COMMISSION AMENDMENT BILL, 2021 AND DELHI SPECIAL POLICE ESTABLISHMENT AMENDMENT BILL, 2021 was passed by Lok Sabha after stringent opposition, thus increasing the tenure of CBI director and E.D from 2years to 5 years. The ruling BJP party has risen to support the bill to ensure CBI`s efficiency and professional autonomy to ensure a corruption-free nation. Now Rajya Sabha has also passed the bill on 14 th January.
CHANGES INTRODUCED BY AMENDMENT BILL OF CENTRAL VIGILANCE COMMISSION,2021 As per the provisions of the 2003 Act, the Director of Enforcement was appointed by the central government, on the recommendation of a committee chaired by the Central Vigilance Commissioner, and included the Secretaries from the Ministries of Home Affairs, Personnel, and the Revenue Department. The tenure as per the act was 2 years. The Bill proposed to extend the tenure one year at a time, till the completion of five years from the date of initial appointment. Such an extension of 1 year is to be granted in the public interest.
CHANGES INTRODUCED BY DELHI SPECIAL POLICE ESTABLISHMENT AMENDMENT BILL,2021 The Delhi Special Police Establishment (Amendment) Bill, 2021, seeks to alter the Delhi Special Police Establishment Act, 1946. The Act envisages the constitution of the Delhi Special Police Establishment for investigation of certain notified offenses The Act provides for the appointment of the Director of the Delhi Special Police Establishment (Central Bureau of Investigation). The Director is appointed by the central government on the recommendation of a Committee consisting of the PRIME MINISTER, LEADER OF OPPOSITION PARTY, The Bill grants extension of the tenure by up to one year at a time, till the completion of five years, in the interest of public justice.
ARGUMENTS IN FAVOR OF AMENDMENTS –
1. It takes one year for the incumbent officer to just understand the organization and the next year his tenure finishes. So, it is in the interest of these institutions that up to 5-year tenure is being given to the directors, so that the efficiency of his office increases.
2. CBI investigates serious bribery, corruption, and money laundering offenses in which Cyber elements are involved. These are long-drawn investigations and continuity is needed.
3. 5 years are enough for progressive investigation and for introducing meaningful reforms.
ARGUMENTS AGAINST AMENDMENTS –
1. EXTENSION OF TENURE WILL TURN INDIA INTO ELECTEDC AUTOCRACY, FUNCTIONING AT THE WHIMS OF THE RULING PARTY.
2. Retired incompetent officers are provided with extensions in tenure especially in important All India Services.
3. CBI and ED are used as a tool to usurp power that is seizing and holding, power without any legal right. 4. Many opposition leaders contend that the government is taking the route of these bills to extend the tenure of the present Directorate of enforcement that is Sanjay Kumar Mishra, which was earlier barred by the supreme court. The earlier bench of justices L.Nageshwar Rao and B.R.Gavi dismissed a petition filed by NGO COMMON CLAUSE, challenging extension of tenure of present ED. The Supreme court held that according to section 25 of the central vigilance commission act, 2003 words not less than 2 years doesn`t mean not more than 2 years, so there can be an extension but not after the superannuation period.
CONCLUSION – TO MY OPINION –we must ensure accountability of CBI directors and E.D.Extension of tenure to 5 years is a good idea to increase efficiency and professional autonomy, but there should be more checks and balances. Provision should be made for dismissal too for misconduct and breach of constitutional provisions. I would also like to suggest that, these laws should be implemented after the incumbent officers retire and some fresh appointments are made, so that much transparency and accountability are ensured.
Let the Govt consider suggestions in conclusions drawn in the write up.