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.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.