• The Supreme Court’s (SC) verdict that had upheld statutory amendments made in 2021 to allow multiple extensions of service to heads of investigative agencies undermines their institutional independence.
• The SC has quashed two extensions given to the Enforcement Directorate chief for one year each, terming the government''s twin decisions as illegal.
• Repeatedly extending tenures even after the age of superannuation keeps government policies in suspicion and also is not aligned with the public interest.
• Despite the bar on further tenure extensions for Director of the Enforcement Directorate (ED) by SC’s judgement, the Union government has given the chief a third extension, bringing his tenure to 5 years from originally 2 years.

Supreme Court’s Judgment:

• SC has declared that the third tenure extension to the Director of Enforcement Directorate as not valid in law.
• SC has upheld statutory amendments made in 2021, that allowed multiple extensions of service for heads of investigative agencies like the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI).
• SC has upheld constitutional amendments made to the Central Vigilance Commission Act, 2003, The Delhi Special Police Establishment Act, 1946, and the Fundamental Rules in 2021, enabling the tenure extension.
• According to the SC, an extension of service to heads of investigative agencies shall be given to those who have attained superannuation only in “rare and exceptional cases”.
• The SC judgment had endorsed the changes enabling annual extensions to the CBI and ED Directors until they complete five years in that office.

About Central Vigilance Commission:

• The Central Vigilance Commission was set up in 1964 by the Government of India.
• It was set up on the recommendations of the Committee on Prevention of Corruption.
• It is an apex Integrity Institution, having complete independence and autonomy in its functions. 
• It aimed to exercise superintendence over the vigilance administration of the organisations in respect of which the executive powers of the Government of India are extended. 
• It has been mandated to advise the authorities concerned in respect of an act of improper conduct or corrupt practices, along with review and modification of procedures and guidelines, which may afford scope for corruption. 

About Central Vigilance Commission (Amendment) Bill, 2021:

• It allows the Extension of the term of the Director of Enforcement.
• Under the 2003 Act, the Director of Enforcement had a tenure of minimum two years.
• The Bill adds that the tenure of the Director may be extended by up to one year at a time, till the completion of five years from the initial appointment in public interest on committee recommendations.

Fundamental (Amendment) Rules, 2021:

• The Central Government can give an extension in service to the Defence Secretary, Home Secretary, Director of Intelligence Bureau, Secretary of Research and Analysis Wing, Directorate of Enforcement, and Director of CBI if it considers it necessary in the public interest.

• The fundamental rules, 1922 were amended to sync them with the amendments to the CVC Act and DSPE Act for ED and CBI.

Though Supreme Court invalidates the extension of the current Director of Enforcement Directorate, it has upheld the amendments made in 2021 for Central Vigilance Commission (CVC) and Delhi Special Police Establishment (DSPE) for extension of the chief of ED and CBI respectively. The extension of tenures of apex agencies forms a cloud of suspicion over the misuse of government agencies. Considering that the CBI and the ED investigate corruption in the government and money laundering, it is crucial that these investigative institutions are kept safe from political interference.