Union Govt. brings Ordinances to Extend Tenure of CBI, ED Chiefs

• 15 Nov 2021

The Government of India has promulgated two Ordinances to extend the tenure of Directors of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years. The chiefs of the central agencies currently have a two-year tenure.

The Delhi Special Police Establishment (Amendment) Ordinance, 2021

• The ordinance inserts the provision in DSPE Act that “Provided that the period for which the Director holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under sub-section (1) of section 4A and for the reasons 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”.

Appointment of CBI Director: The Director CBI is selected on the basis of the recommendation of a committee consisting of the Prime Minister, the Chief of Justice of India and the Leader of Opposition.

The Central Vigilance Commission (Amendment) Ordinance 2021

• “Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee under clause (a) and for the reasons 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”.

Appointment of ED Director: The central government appoints the Director of ED on the recommendation of a committee chaired by the Central Vigilance Commissioner and members comprising of Vigilance Commissioners, Home Secretary, Secretary DOPT and Revenue Secretary.