Mains Marathon

Approach

• Introduce the Central Vigilance Commission and the Delhi Special Police Establishment Act.
• Discuss how 2021 amendment in the Central Vigilance Commission Act and the Delhi Special Police Establishment Act by the parliament, would affect the functioning of the central law enforcing agencies, mainly the Central Bureau of Investigation and enforcement directorate.
• Conclude suitably.

Answer

The Central Vigilance Commission (CVC) is the main agency for preventing corruption in the Central government, established in 1964 by an executive resolution on the recommendation of the Santhanam Committee on Prevention of Corruption (1962–64).

The Delhi Special Police Establishment (DSPE) Act governs the functioning of the Central Bureau of Investigation (CBI), the premier investigative agency in the country.

• Recent amendments made to Central Vigilance Commission Act and the Delhi Special Police Establishment Act:
  • The Central Vigilance Commission (Amendment) Bill, 2021: It provides for extension of tenure of Director of the Directorate of Enforcement by up to one year at a time in public interest, till the completion of five years in total including the period mentioned in the initial appointment.
  • The Delhi Special Police Establishment (Amendment) Bill, 2021: It provides for extension of tenure of Director of the Central Bureau of Investigation and ED by up to one year at a time in public interest, till the completion of five years in total including the period mentioned in the initial appointment.
    • Previously, President promulgated two ordinances that would allow the Centre to extend the tenures of the directors of the Central Bureau of Investigation and the Enforcement Directorate from two years to up to five years.
    • These amendments aimed to enhance the efficiency, and effectiveness of the central law enforcement agencies.

Effect of these amendments on the working of Central Law Enforcement Agencies:

Positive Implications:

• The amendments may allow the directors of CBI and ED to continue their investigations without any interruption or pressure from the government or other external factors.
• The amendments may enhance the autonomy and independence of these agencies, as they will not have to worry about their tenure being cut short or terminated arbitrarily.
• The amendments may ensure continuity and stability in the leadership and functioning of these agencies, which may improve their efficiency and effectiveness.
• The amendments may also help in retaining the expertise and experience of these directors, who may have acquired valuable knowledge and skills in their respective domains.

Negative Implications:

• The amendments may undermine the principle of fixed tenure for these directors, which was established by the Supreme Court in Vineet Narain (1997) and Common Cause (2021) cases to prevent political interference and ensure accountability.
  • They violate the principle of fixed tenure for these directors, which was established by the Supreme Court in Vineet Narain (1997) and Common Cause (2021) cases to prevent political interference and ensure accountability.
• The amendments may create a possibility of misuse or abuse of power by the government, as it may grant extensions to these directors based on its own whims and fancies, without any objective criteria or transparent process.
• The amendments may also violate the right to equality of other eligible officers, who may be deprived of a fair chance to be appointed as the directors of these agencies, as the incumbents may occupy the posts for longer periods.
• The amendments may also affect the morale and motivation of other officers in these agencies, who may feel demoralized or discriminated against, as they may not see any prospects of career advancement or recognition.

The amendments to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act mark significant changes in the functioning of central law enforcement agencies. For autonomous and efficient functioning of these agencies need an umbrella institution is a desirable and feasible idea that can improve their performance and credibility. However, it also requires careful planning and implementation to ensure that it does not compromise the constitutional values and principles that guide these agencies.