Indian Government brings bills to extend the tenure of ED and CBI

Tags: National News

The  Government of India has introduced two bills, the Central Vigilance Commission (Amendment) Bill 2021 and Delhi Special Establishment (Amendment) Bill 2021 in the Lok Sabha which seek to replace theThe Central Vigilance Commission (Amendment) Ordinance, 2021  and The Delhi Special Police Establishment (Amendment) Ordinance, 2021  promulgated on 14 November  2021. 

  • The bill was introduced by the Minister of State for Personnel and Training Dr. Jitendra Singh.

 Central Vigilance Commission (Amendment) Bill 2021 

  • It amends the Central Vigilance Commission Act, 2003.  
  • The 2003 Act provides for the constitution of a Central Vigilance Commission to conduct inquiries into offences  committed under the Prevention of Corruption Act, 1988. 
  • Under the 2003 Act, the Director of Enforcement is appointed by the Central government, on the recommendation of a committee.
  • This Committee is chaired by the Central Vigilance Commissioner, and includes the Secretaries from the Ministries of Home affairs, and Personnel, and the Revenue Department. 
  • The Director of Enforcement has a tenure of minimum two years.
  • The bill provides that the tenure of the Director may be extended by up to one year at a time, till the completion of five years from the initial appointment.  Such extensions may be granted in public interest, on the recommendation of the Committee.

Delhi Special Establishment (Amendment) Bill 2021 

  • It amends the Delhi Special Police Establishment Act, 1946.
  • The Central Bureau of Investigation (CBI) was set up under this act .
  • The Act provides for the appointment of the Director of the Delhi Special Police Establishment (Central Bureau of Investigation). 
  • The Director is appointed by the Central government on recommendation of a Committee consisting of the: (i) Prime Minister (Chairperson), (ii) Leader of Opposition in Lok Sabha, and (iii) Chief Justice of India (CJI) or a judge of the Supreme Court nominated by the CJI
  • Under the Act, the Director has a tenure of minimum two years.
  • The bill permits extension of the tenure by up to one year at a time, till the completion of five years from the initial date of appointment.

Central Bureau of Investigation (CBI)

The CBI (the premier investigating agency of the Central Government) was set up in 1963 by a resolution of the Ministry of Home Affairs.

  • Now, this department comes under the administrative control of the Department of Personnel and Training (DoPT) of the Ministry of Personnel, Public Grievances and Pensions.
  • The Santhanam Committee on Prevention of Corruption (1962–1964) recommended the establishment of the CBI.
  • Headed by a Director, CBI:
    • provides assistance to the Central Vigilance Commission and Lokpal.
    • coordinates investigations on behalf of Interpol Member countries.
  • The CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC.
  • CBI is one of the 26 Indian Government Organisations which are exempted from the provisions of Section 24 of the Right to Information Act.
  • Headquarters: CGO Complex, New Delhi
  • Motto: Industry, Impartiality, Integrity
  • Director-General: Subodh Kumar Jaiswal

 

Enforcement Directorate

  • The Directorate of Enforcement (ED) is a law enforcement agency and economic intelligence agency (under the Department of Revenue, Ministry of Finance) responsible for enforcing economic laws and fighting economic crime in India.
  • On 1st May 1956, an ‘Enforcement Unit’ was formed, in the Department of Economic Affairs, for handling Exchange Control Laws violations under Foreign Exchange Regulation Act, 1947. In the year 1957, this Unit was renamed as ‘Enforcement Directorate’.
  • The prime objective of the Enforcement Directorate is the enforcement of two key Acts of the Government of India
    • The Foreign Exchange Management Act 1999 (FEMA) and
    • The Prevention of Money Laundering Act 2002 (PMLA)

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