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A day after the promulgation of two ordinances to extend the tenure of Chiefs of the Central Bureau of Investigation and Enforcement Directorate to five years, the Government notified amendments in the Fundamental Rules of Service to extend the tenure of the entire top brass of the security and defence establishment to four years from two now.
In the gazette notification, the Ministry of Personnel, Public Grievances and Pensions said the tenures of the Defence Secretary, Home Secretary, Director of Intelligence Bureau (IB), Secretary of the Research and Analysis Wing (R&AW), the Director of the CBI and the Director of Enforcement in the Directorate of Enforcement may be extended for a period not extending two years. For extending the tenures of the CBI and ED Director, two ordinances needed to be promulgated because these posts have been created under two different statutes — the Delhi Special Police Establishment Act, 1946 in the case of the CBI Director and the Central Vigilance Commission Act, 2003.
“In exercise of the powers conferred by the provision to the Article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922,” said the notification, adding that the tenure of all the above-mentioned officers may be extended by the Central Government in public interest.
Interestingly, while the tenure of the Defence, Home and Foreign secretaries is fixed for two years, the Foreign Secretary has not been included in the list of officers whose tenure the Centre has decided to extend for another two years. While the Foreign Secretary would continue to have a two-year tenure, the Fundamental (Amendment) Rules, 2021, now mandate that Home Secretary and the Defence Secretary can have a tenure lasting up to four years.
President’s assent
On Sunday, the President had signed two ordinances promulgated by the Ministry of Law and Justice which state that after an ED or CBI’s chief’s two-year term ends, the Union government may extend the tenure by one year for three consecutive years.
The move has been condemned by civil rights activists and experts as an attempt to undermine the autonomy of the investigating agencies.
Draws criticism
“Shocking and malafide! An attempt to further subvert the independence of the CBI and ED,” said lawyer and activist Prashant Bhushan on twitter.
The Congress and the Left parties condemned the issuance of twin ordinances extending the tenures of the CBI and ED chiefs. “These ordinances take these institutions from discipline and upholding the rule of law to dutifulness to their political masters,” said Congress leader Abhishek Manu Singhvi.
The CPI (M) politburo demanded the Government rescind the ordinances. “Both the CBI and the ED have been functioning as the political arm of the ruling party to advance its agenda. Leaders of opposition parties are regularly targeted. This step is meant to further subvert the autonomy of these agencies and to make the key officers more pliable,” it charged.
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