Context: 

Recently, the Supreme Court has asked the Enforcement Directorate (ED) Director to resign four months before his third extension ends in November.

Image Source: Hindustan Times

Background: 

• 2018: Mr. SK Mishra is appointed as the Enforcement Directorate (ED) Director for a two-year term.
• 2020: The original appointment of the ED Director is retrospectively amended to extend the tenure to three years.
• 2021: The Supreme Court (SC) directs the government to stop granting extensions to the ED Director.
• 2021: Amendments are enacted to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act.
  • These amendments allow a maximum of three annual extensions (totaling a term of five years) to the Directors of the Central Bureau of Investigation (CBI) and ED, based on the recommendation of High-Level Committees.
  • Previously: CBI and ED chiefs had fixed tenures of two years.

The High-Level Committees for Extensions of Service:

• For the ED Director: The panel consisted of a five-member committee comprising the Central Vigilance Commissioner and Vigilance Commissioners.
  • They were responsible for recommending whether an ED Director should receive an extension in service.
  • The committees were required to provide written reasons supporting their recommendations.
• For the CBI Director: The High-Level Committee for the CBI Director included the Prime Minister, Opposition Leader, and the Chief Justice of India.
  • This committee was responsible for recommending whether a CBI Director should be granted an extension in service.
  • Like the ED Director committee, this committee also had to provide written reasons to support their recommendations.

Recent Supreme Court Ruling:

• On Tenure Extension: The Supreme Court declared the consecutive service extensions granted to ED Director in 2021 and 2022 as illegal. 
  • As a result, the court ordered the present ED Chief to resign by July 31, facilitating a smooth transition to a new chief.
• On 2021 Amendments: Regarding the amendments made to the Central Vigilance Commission Act, 2003, and the Delhi Special Police Establishment Act, 1946, the Supreme Court upheld their constitutionality.

Conclusion:

At a time when there is a cloud of suspicion over the misuse of government agencies against political opponents, the Court’s endorsement of a tenure extension system designed to undermine their independence is not conducive to the rule of law.

News Source: The Hindu