TENURE OF DIRECTORS CBI AND ED
President of India promulgated two ordinances that would allow the Union Government to extend the tenures of the directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) from two years to up to five years.
DIRECTOR OF CENTRAL BUREAU OF INVESTIGATION
- Is Inspector General of Police, Delhi Special Police Establishment
- Responsible for the administration of the organisation.
- Till 2014, the CBI Director was appointed on the basis of the DSPE Act, 1946.
- In 2003, DSPE Act was revised on Supreme Court’s recommendation in the Vineet Narain case.
- A committee that had members from Central Vigilance Commission, Secretaries from Home Ministry, Ministry of Personnel and Public Grievances would send recommendations to Central Government for the appointment of CBI Director.
- In 2014, the Lokpal Act provided a committee for appointment of CBI Director:
- Headed by Prime Minister
- Other members – Leader of Opposition/ Leader of the single largest opposition party, Chief Justice of India/ a Supreme Court Judge.
- Provided security of two year tenure, by the CVC Act, 2003.
DIRECTOR OF ENFORCEMENT DIRECTORATE
Being part of Finance Ministry , the director of ED is appointed by central government directly. No special procedures are followed
MAHITI FOR PRELIMS
ORDINANCE IN INDIA
- Article 123 – Power of President to promulgate Ordinances during recess of Parliament
- Maximum validity – 6 months and 6 weeks.
- Expire after 6 weeks once both houses of the Parliament are in session.
- Constitutional amendment cannot be made
- Envisaged for immediate action
- Article 213 – Ordinance making power of the Governor of a state
- Governor cannot issue an Ordinance without instructions from the President in three cases where the assent of the President would have been required to pass a similar Bill
- if a Bill containing the same provisions would have required the previous sanction of the President for introduction into the legislature
- if the Governor would have deemed it necessary to reserve a Bill containing the same provisions for the consideration of the President
- if an Act of the legislature containing the same provisions would have been invalid unless it received the assent of the President.