oppn parties Extending Terms Of ED & CBI Chiefs: Double-Edged Sword

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
Extending Terms Of ED & CBI Chiefs: Double-Edged Sword

By Sunil Garodia
First publised on 2021-11-16 15:49:38

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The government was bent on further extending the term of service of Sanjay Mishra, the present director of the Enforcement Directorate (ED). But the Supreme Court had made it clear in September that his term should not be extended. Hence, fearing that if the term was extended by an executive fiat, the court might strike it down, it was left with no alternative but to change the law to facilitate the same. So it has now promulgated an ordinance which allows it to extend the terms of the directors of both the ED and the Central Bureau of Investigation (CBI) by three years through three extensions of one year each. But in doing so, the government has done three things it should not have done - first, it has gone against the judiciary; second, instead of making these federal agencies independent, it has further tightened its grip on them and third, once again, it has made use of an ordinance to change the law despite the fact that the winter session of the parliament is set to commence in just 15 days.

The government can justify going the ordinance route by saying that it had no alternative as Mishra's tenure is to end in November and parliament session will not start before that. It will also give the same reasons for wanting to extend his term as it gave before the Supreme Court in September- that he is handling several high profile cases which are at a critical stage and his continuation is needed. But this is a specious excuse. Every chief of an investigating agency handles critical cases at any given point of time, including the time when his career is about to end. In all such cases, when the time comes for him to retire, he or she hands over the files and briefs his or her successor who takes over the investigation. The retiring chief always helps the department with the investigations even after relinquishing the post. Further, whatever the reason, the ordinance route should be resorted to sparingly and in extreme cases as making laws is not the job of the executive but is the exclusive preserve of parliament. Extending the terms of the ED and CBI chiefs is not something that should have been done by promulgating an ordinance.

Further, with the Supreme Court making it clear that the terms of such high profile chiefs should be extended for a very short period, very selectively and ideally not after superannuation, it is not proper for the government to do so by changing the law, more so as Mishra superannuated in May 2020. The directions of the court were for good reasons. As it is, successive governments at the Centre have used ED and CBI in a biased manner to target opposition politicians and businessmen who do not toe their line. This compromises the independence of these bodies. If now the government is allowed to keep its favourite in the top post for five years instead of the present two, even the illusion of independence will vanish and bodies will become totally politicized. This is a double-edged sword as this government is not going to stay in power forever. The same law that it is now enacting to use against the opposition will be used against it when it is in opposition. Hence, the government should tread carefully before doing anything that erodes the independence of agencies tasked with enforcing the law in a fair and unbiased manner.