Extension of CBI and ED Directors' tenure (2021)
Topic: Statutory, Regulatory and Quasi-judicial Bodies · NCERT: Beyond NCERT
Meaning
The CBI Director and the ED Director each have a minimum tenure of 2 years. In 2021, the laws governing these posts were amended: the DSPE Act for the CBI and the CVC Act for the ED. The amendments let the Centre extend the 2-year tenure one year at a time, up to a total of 5 years. Critics say this weakens independence. A chief who hopes for another year may try to please the government.
Example
In Dr. Jaya Thakur (2023), the Supreme Court upheld the 2021 amendments. But it held that the 2021 and 2022 extensions given to ED Director S.K. Mishra were illegal. An earlier ruling, Common Cause (2021), had already barred any further extension for him. The SC's 2013 "caged parrot" remark about the CBI is often quoted in this debate about agencies depending on the government.
Don't confuse with
- Minimum tenure under Vineet Narain (1997): that ruling gave a fixed minimum of 2 years to protect the Director. The 2021 change adds extensions that are at the government's choice.
Related concepts
- Central Bureau of Investigation
- Delhi Special Police Establishment Act 1946
- General consent
- Section 6A of the DSPE Act
- Appointment of the CBI Director
- National Investigation Agency
- Serious Fraud Investigation Office