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A debate has taken place in the Indian parliament regarding the extension of the tenure of the chief person of the Enforcement Directorate and of CI as well. In the governance of both the parties, the bill has been passed in the Lok Sabha where it has been stated that the tenure of the previously mentioned authorities has been extended to five years. Based on this particular statement of the Indian Parliament this present study is intended to represent an overview of this specific statement.
Cause of extending Tenure of CBI and ED Chiefs by Union Government
In response to the debate raised on the Central Vigilance Commission bill and the Delhi Police Establishment Bill, it has been pointed out by the DoPT that posts like CBI have been selected from a panel that is high level. This panel not only includes the prime minister and chief justice of India, but also the representative of the opposition parties. A similar panel has been created for the selection of the chief of ED. Therefore, the responsibilities of the chief member of these two agencies have been carried out to affect the law and orders developed and maintained in the state.
The Delhi Special Police Establishment (Amendment) Ordinance, 2021
The particular Act may come into force from the 14th day of November 2021
The tenure can be extended for one year at a time
The extension will be made on the basis of the date when the person on the respective designation has been appointed
The extension will be ordered by a Committee that has been made under subsection 1of section 4(a)
Appointment of the CBI Director
The appointment of the CBI director is conducted through an Appointment Committee under the DSPE Act 1946 in India. The tenure of service is 2 years for a person who is appointed by the committee as the CBI director. The formation of the appointment committee is the initial process behind the amendment of the CBI director within a two years interval. The amendment process is commonly conducted through the Lokayukta and the Lokpal Act which were enlisted in the Indian jurisdiction in 2013. Further, the appointment of the director involves the permission and presence of the Prime Minister as the chairperson of the appointment committee behind the appointment operation.
The Central Vigilance Commission (Amendment) Ordinance 2021
According to the current amendments of the Central Vigilance Act, some of the functionary purposes have been served with the introduction of new changes. The recent amendment of the ordinance has outlined that the CVC committee is going to have a constant working period of a maximum of 2 years before the change. A CVC Commissioner can serve three months without any review and after that tenure; the changes are going to be rolled out within the committee. The review of the commissioner is generally conducted by considering a few key factors like integrity, efficiency and requirement. Regardless of these factors, the commission is going to be changed after a service period of a maximum of two years in the CVC department due to the new amendments of the new CVC ordinance in 2021.
Difference between CBI and Enforcement Directorate
The CBI and the ED involve approximately similar legal operations while maintaining their operations under Indian law. Despite the common factors, there are major differences in terms of sole jurisdiction between the ED and the CBI. The CBI primarily possesses the responsibility to investigate cases where corruption is outlined. Contrarily, the ED is mostly allocated with tasks like investigation operations against money laundering. Further, the ED possesses the sole jurisdiction of the cases that are legally allocated to them whereas the CBI has to share their legal space with other concerning bodies while investigating any corruption cases.
Conclusion
The study exemplified the controversial statement that has been made in the Indian parliament that the tenure of the chief of two agencies such as CBI and ED has been increased from two years to five years. This particular decision has been taken following the rich experience the professionals have gathered. This experience is considered an essential aspect as the chiefs are responsible for taking crucial decisions on matters like economic law and many more. Moreover, The Delhi Special Police Establishment (Amendment) Ordinance, 2021 has been explained in the current study.
