The directors of the Central Investigation Agency (CBI) and the Enforcement Directorate (ED) can now remain in their posts for five years. The central government on Sunday extended his maximum tenure through two ordinances. Before the passing of this ordinance, these appointments were for a fixed period of two years. This extension of service after completing the tenure of two years can be given thrice for one year each on the basis of special circumstances and recommendation of the Appointment Committee.
President Ram Nath Kovind signed two ordinances on Sunday, after which the tenure of the heads of both the agencies was increased to a maximum of five years. The Modi government has brought this ordinance just two weeks before the start of the winter session of Parliament and now the opposition has targeted it. The opposition says that the government wants to end the role of Parliament.
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ED Head got service extension
The government took this decision at a time when the tenure of ED Director Sanjay Kumar Mishra was about to end on November 19 but now he will continue in his post. Earlier he has been given a service extension. Mishra became the ED chief on 19 November 2018 and after the end of his fixed two-year term, the President gave him an extension on 13 November 2020.
An NGO had filed a petition against this extension, on which the Supreme Court in September had called Mishra’s appointment valid but refused to give further extension from the government. The court had said that the extension of service after the fixed tenure of two years should be given only in special circumstances such as completion of an inquiry. The ED direction is appointed under the CVC Act and the CBI director is appointed under the Delhi Special Police Establishment Act.
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The opposition surrounded the Modi government on the ordinance
- The opposition has targeted the Modi government over the decision to increase the maximum tenure of directors of ED and CBI through an ordinance. The opposition has raised questions on the intention of the government. Congress leader in Lok Sabha Adhir Ranjan Chowdhury said that this ordinance is another example of the dictatorial tendency of the government. Choudhary is a member of the committee that selects the CBI director. The selection committee of the CBI director consists of the Prime Minister, the Chief Justice (or a judge nominated by the Chief Justice) and the Leader of the Opposition in the Lok Sabha.
Choudhary told The Indian Express that the government has no respect for democracy. He has raised questions whether the government is trying to create a police state. Chowdhary said that whatever he wants to do, citing the majority, he is doing it, not taking anyone’s opinion. Chaudhary said that he will raise his voice in Parliament but the government has the numbers, so the court is the only recourse. While targeting, Chaudhary said that PM Modi can say that he learned a lot from Chinese President Xi Jinping, in such a situation an ordinance can be brought in 2024 to extend the tenure of PM Modi.
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- Congress leader in Rajya Sabha Anand Sharma said that the government is constantly encroaching on the parliamentary process. Sharma said that the government could have waited till the start of the session. He called it an insult to not only the Parliament but also the Supreme Court.
- CPIM general secretary Sitaram Yechury said on Twitter that the Parliament session is about to begin from November 29. Even before this, the government passed an ordinance extending the tenure of the chief of CBI and ED through an ordinance. There is a possibility of confusion regarding this hurry.
- Trinamool’s Derek O’Brien asked the question that if Modi and Shah had promised the Gujarat model in India, is it being given?
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