‘Perverted to serve political ends’

Ordinances were issued two weeks ahead of winter session

The government’s decision to extend the tenure of the heads of the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) is procedurally bad and substantially wrong. It also goes against a recent Supreme Court decision and past judgements of the court. The government promulgated two ordinances this week giving itself the power to extend the tenure of the heads of the two agencies to a maximum of five years from the current two years. In the first place, law-making through the ordinance route is to be done only in an extreme emergency. There was no such emergency in the matter except that it would help to extend the tenure of the ED chief whose term was to end during the week. The decision is especially wrong because the ordinances were issued just two weeks before Parliament’s winter session is to start. The Supreme Court has in the past specifically said that the power to issue ordinances should be used only in extraordinary situations and should not be “perverted to serve political ends”.

Also read: Centre brings ordinance to extend tenure of CBI, ED directors up to 5 years

The government’s decision seems specifically intended to serve political ends only. ED chief S K Mishra’s term is to end this week. He was appointed for two years in November 2018 but his term was extended for one year in November last year. The Supreme Court had last year disapproved of further extension of his services. The court had said that such extensions should be done only in rare and exceptional cases and even then, only “for a short period”. The ordinance is a violation of this ruling and is meant to override it. The government’s decision is also in violation of the spirit of the Vineet Narain case judgement in which the Supreme Court prescribed a minimum tenure of two years for the Directors of the CBI and the ED. This was to ensure the stability of service for the officers so that they could function independently. But the provision for extension of service for up to five years would make them beholden to the government. That would further undermine the idea of autonomy for these organisations.

Central agencies like the CBI, the ED, the Narcotics Control Bureau (NCB) and the Income Tax Department have been regularly used for targeting the government’s political opponents and critics. Though such misuse has always existed, it has never been so pervasive and blatant as under the present government. The ED is now going after many leaders of Opposition parties, and the politics of the cases and the raids is all too clear. Promising the heads of the agencies a five-year term is to ensure that they will undertake such political missions even in their own personal interest.

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