Lok Sabha has passed the Central Vigilance Commission (Amendment) Bill, 2021 and the Delhi Special Police Establishment (Amendment) Bill, 2021 for consideration and passage. Once enacted, the amendment law will replace the ordinances promulgated last month.

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.

Reasons for extensions

The fixed tenure granted to the head of the investigative agencies would help in speedy disposal of cases and bring down pendency, Minister of Personnel Jitendra Singh said in his reply to a debate on Bills.

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Explaining the reasons for extension, the government said, while the ED has the sole jurisdiction to investigate the money-laundering cases, the CBI has the primary responsibility to investigate cases of corruption. With the interlinking of persons and groups involved in money-laundering and corruption activities, unravelling the crime and corruption nexus through the ED and the CBI becomes not only complex, but also has international ramifications.

Thus, “the investigation of such crimes requires the two investigating agencies to have robust processes and senior personnel in position for sufficiently long tenures. As such, enhancing the capacity and the resources for continuing oversight by the senior officers, especially the heads of the two agencies, is fundamental to the proposed re-strengthening. It is strongly felt that the assured long tenures of the heads of the ED and the CBI on similar lines would be highly desirable,” it said.

Further it mentioned in the statement of objects and reasons that considering that ordinarily, longer tenures are an established practice in major countries, two years tenure ought to be a minimum and that is what is contemplated in the statutory provisions. However, in India’s case owing to several factors, including the issues of seniority and hierarchy, two years tenure has in fact become the upper limit with individuals being appointed close to their date of superannuation.

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“In view of the above, while leaving sufficient room for the competent authority to suitably decide the tenure of the officer heading the important investigating agencies of the government and supervising sensitive cases involving public interest depending upon the circumstances, it is essential to provide clear enabling stipulations in the Central Vigilance Commission Act, 2003 and the Delhi Special Police Establishment Act, 1946 in regard to the tenure, and extension of his tenure of appointment and an upper limit of tenure,” it said.

Voice vote

The two Bills were passed separately by voice vote in Lok Sabha. The amendments moved by the Opposition members were rejected. During the course of the debate, the Opposition members demanded that the Bills be withdrawn, contending that the move would make the two agencies “sub-ordinate” to the government.

Singh said the term of the CBI and the ED directors has not been extended but fixed for a maximum of five years and a minimum of two years to ensure that the position is not misused, he said.

“There will be continuity and stability. Certain information which is confidential with the head of an investigation agency will remain with him till the conclusion of the cases. This is going to address this (pendency of cases) issue,” Singh said.

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