The Supreme Court has upheld the amendments to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act, and the Fundamental Rules, stating that they are not unconstitutional. These amendments clarify the process of appointing the Director of the Central Bureau of Investigation (CBI) and the Director of Enforcement (ED).
The Court also ruled that the extension granted to the tenure of the Director of ED/CBI by the government is valid, but further extensions should only be granted in rare and exceptional cases, based on recommendations from the high-level committee. The Court emphasized the need to maintain the independence of these offices and protect them from external pressures.
However, the Court found that the extensions granted to the incumbent Director of ED were in violation of the mandamus issued by the Court in a previous case. As a result, the Court allowed the incumbent Director to continue in office until July 31, 2023, considering the transition period and the larger public interest. The Court expressed appreciation for the assistance provided by the Amicus Curiae and the counsels involved in the case.
DR. JAYA THAKUR …PETITIONER (S)
VERSUS
UNION OF INDIA & ORS. …RESPONDENT (S) decided by the Supreme Court of India on July 11, 23.