CBI, ED Directors' term extended up to 5 years

The central government moved an ordinance on November 14, 2021 proposing an extension of the tenure of the CBI and ED Directors up to 5 years. The ordinance was promulgated after it received President Ram Nath Kovind's assent. 

The centre's ordinance had sought three consecutive one-year term extensions for the directors of CBI and Enforcement Directorate. 

The current term of CBI and ED Chiefs is two years, as per the Central Vigilance Commission (CVC) Act, 2003. The centre is expected to table a law in Parliament to replace the same. 

CBI full form: Central Bureau of Investigation 

Current CBI Chief: Subodh Kumar Jaiswal (incumbent since May 25, 2021)

ED full form: Enforcement Directorate 

Current ED Director: Sanjay Kumar Mishra (incumbent since November 19, 2018)

The Government of India brings Ordinance to extend the tenure of Enforcement Directorate (ED) and Central Bureau of Investigation (CBI) Directors up to 5 years. pic.twitter.com/r6NZ8cLyJS

— ANI (@ANI) November 14, 2021

Opposition slams move

The opposition has raised questions over centre's hurry to promulgate an ordinance to ensure that Directors of the ED and CBI have longer tenures, especially since the Parliament is scheduled to meet later this month. The Cabinet Committee on Parliamentary Affairs (CCPA) had previously recommended that the Winter Session of the Parliament should begin from November 29 but it is yet to be formally announced. 

Rashtriya Janata Dal (RJD) MP Manoj Jha alleged that the move is an attempt to destroy democratic institutions. He pointed out that the parliament session is going to begin two weeks and the decision to extend the terms of CBI and ED before that through an ordinance raises doubts regarding the motive of the government. 

Congress Lok Sabha MP, Adhir Ranjan Chowdhury, who is the member of the opposition in the three-member committee headed by PM Modi that selects the CBI chief, said that the ordinance was another “example” of the “dictatorial attitude of the government”.

CPM general secretary Sitaram Yechury also wrote on Twitter, “Parliament session begins on 29th. To avoid its scrutiny, Centre on Sunday promulgates ordinances to extend the tenure of Directors of CBI and ED. This desperate hurry smacks of something fishy.”

Parliament session begins on 29th.
To avoid its scrutiny, Centre on Sunday promulgates ordinances to extend the tenure of Directors of CBI and ED.
This desperate hurry smacks of something fishy. pic.twitter.com/X309ODjqAL

— Sitaram Yechury (@SitaramYechury) November 14, 2021

Background 

The Supreme Court of India had in September 2021 directed the centre not to further extend ED Chief Sanjay Kumar Mishra's tenure, which had already received one-year extension.  The court clarified that extension of officers beyond the age of superannuation should be done only in rare and exceptional cases. The Supreme Court bench was headed by Justice L Nageswara Rao.