The recent amendments in the Delhi Special Police Establishment (DSPE) Act,1946 and the Central Vigilance Commission (CVC) Act, 2003, by the President granted the Centre the power to prolong the tenures of the directors of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). This move extends their two-year term to a maximum of five years. This revised mandate permits the government to maintain the chiefs in their respective positions for one year after completing their primary two-year term. They could potentially receive up to three annual extensions.
Key Changes: DSPE Act & CVC Act
The modifications to the DSPE Act allows for the Director’s initial appointment period to be extended for up to one year at a time if deemed necessary in the public interest. An extension can be given upon the Committee’s recommendation (comprising the Prime Minister, the leader of the Opposition, and the Chief Justice of India), and the reasons must be documented. However, no extension is permitted after a total period of five years, including the initial appointment phase.
Similarly, the CVC Act changes stipulate that the Director of Enforcement’s initial tenure can be extended for up to one year at a time, based on public interest, the Committee’s recommendation, and documented reasons. The Committee, in this case, includes the Chief of Central Vigilance Commission, and the Revenue and Home Secretaries, among others. Similar to the DSPE Act, no extension is permissible upon completing a collective five-year term, including the initial appointment.
Central Bureau of Investigation: An Overview
The CBI was established in 1963 on the recommendation of the Santhanam Committee on Prevention of Corruption (1962–1964). Initially under the Ministry of Home Affairs’ jurisdiction, it now falls under the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions. It’s worth mentioning that the CBI is not a statutory body; it derives its powers from the DSPE Act, 1946.
As the Central Government’s primary investigation agency, the CBI assists the Central Vigilance Commission and Lokpal. It also serves as India’s nodal police agency, coordinating investigations on behalf of Interpol Member countries. The Director heads the CBI, which investigates offences relating to 69 Central laws, 231 offences in the IPC, and 18 State Acts.
Enforcement Directorate: A Closer Look
The Enforcement Directorate (ED) is a specialized financial investigation agency housed under the Department of Revenue, Ministry of Finance. Established initially as the ‘Enforcement Unit’ in the Department of Economic Affairs in 1956, it was designated for managing exchange control law violations under the Foreign Exchange Regulation Act, 1947. However, in 1957 this unit was renamed the ‘Enforcement Directorate’.
The ED enforces laws such as the Foreign Exchange Management Act,1999 (FEMA) and the Prevention of Money Laundering Act, 2002 (PMLA). As part of these new ordinances, the director’s tenure and subsequent potential extensions follow the same guidelines as those established for the CBI director.