New Ordinances Allow Extension Of CBI, Enforcement Directorate Directors' Term Upto 5 Years

The President of India has promulgated two Ordinances to allow the extension of the tenure of the Directors of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) up to 5 years.

The Ordinances amend Section 4B of the Delhi Special Police Establishment Act, which specifies the term of CBI Director and Section 25 of the Central Vigilance Commission Act, which prescribes the term of the ED Director. These provisions originally fix the term of CBI and ED heads as 2 years. The Ordinance insert provisos to these provisions.

The extension can be given for one year at a time for reasons recorded in writing. However, such extension cannot be given beyond a period of 5 years.

Significantly, this move comes ahead of the expiry of the term of the incumbent ED Director Sanjay Kumar Mishra on November 17. Last year, the Centre had retrospectively amended his appointment order issued in 2018, which had given him a term of 2 years, to give him an additional one year term. That order was subject to challenge in a PIL filed by Common Case.

In a recent decision, the Supreme Court dismissed the PIL of Common Cause, and upheld the power of the Central Government to extend the term of ED Director. However, the bench led by Justice L Nageswara Rao made it clear that such extension should be granted only in exceptional circumstances, that too for reasons recorded in writing. The Court had also directed that the term of SK Mishra should not be extended further.

Click here to read/download the Delhi Special Police Establishment (Amendment) Ordinance 2021

Click here to read/download the Central Vigilance Commission(Amendment) Ordinance 2021