Tenures of CBI & ED Directors Extended:


Why in the news?

The Government of India has brought two ordinances to extend the tenure of directors of Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) for up to five years.

  • Government promulgated 'The Central Vigilance Commission (Amendment) Ordinance, 2021 as well as Delhi Special Police Establishment (Amendment) Ordinance, 2021' 

Key highlights:

  • Presently, the tenure for the chiefs of both the agencies is two years.
  • As per the ordinance, directors of CBI and ED cannot be removed before the end of their tenure.
  • A CBI or ED director can be appointed first for a period of two years. However, the tenure can be extended for three more years, if needed.
  • No extension will be granted to an ED or CBI chief after completing a period of five years.

Amendments in CVC Act:

  • Provided that the period for which the Director of Enforcement holds the office on his initial appointment may, in public interest, on the recommendation of the Committee and for the reasons to be recorded in writing, be extended up to one year at a time.

Amendments in DSPE act 2021:

  • This ordinance also provides a similar amendment with respect to the director of Central Bureau of Investigation (CBI).

Central Bureau of Investigation: 

  • The Central Bureau of Investigation (CBI) is the premier investigating agency of India.
  • It was set up in 1963 by a resolution of the Ministry of Home Affairs.
  • The CBI is not a statutory body. It derives its powers from the DSPE Act, 1946.
  • The CBI is the main investigating agency of the Central Government.
  • The CBI has jurisdiction to investigate offences pertaining to 69 Central laws, 18 State Acts and 231 offences in the IPC.
  • CBI, India's first agency to investigate corruption, the Special Police Establishment, was set up in 1941, six years before independence from British rule to probe bribery and corruption in the country during World War II.
  • In 1946, it was brought under the Home Department and its remit was expanded to investigate corruption in central and state governments under the Delhi Special Police Establishment Act.
  • The special police force became the Central Bureau of Investigation after the Home Ministry, which is in charge of domestic security, decided to expand its powers and change its name in 1963.

Enforcement Directorate:

  • It was established In 1956.
  • Its Headquarters is situated at New Delhi
  • The Directorate is under the administrative control of the Department of Revenue (under the Ministry of Finance) for operational purposes.
  • The Directorate enforced regulations under the Foreign Exchange Regulation Act, 1973 but later on, FERA was replaced by FEMA.
  • Enforcement Directorate has 10 Zonal offices each of which is headed by a Deputy Director and 11 sub Zonal Offices each of which is headed by an Assistant Director.
  • It provides and seeks mutual legal assistance to/from respective states in respect of attachment/confiscation of proceeds of crime and handed over the transfer of accused persons under the Money Laundering Act.

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