In this post, the authors discuss the case of Mr. Sanjay Mishra, the Enforcement Directorate (ED) director, whose tenure was extended through office orders and amendments. They argue that the 2021 amendment to the Central Vigilance Commission Act, which allows for the extension of the director’s tenure up to five years, nullifies the previous judicial pronouncement in the Common Cause case. The authors contend that this amendment, aimed at overruling the court’s decision, transgresses the constitutional safeguard of separation of power. They also emphasize the importance of fixity of tenure in probe agencies to ensure their independence from political influences and external control. The recurring and discretionary extensions granted by the government undermine the stability and integrity of these agencies. Ultimately, the authors assert that the extensions granted to Mr. Mishra under the amended act are unlawful and go against the principles established by the Common Cause judgment. Continue reading The Central Vigilance Commission (Amendment) Act, 2021: Another Tale of Legislative Overreach? Part II

In this post, the authors discuss the case of Mr. Sanjay Mishra, the incumbent Enforcement Directorate (ED) director, whose tenure was extended through office orders and amendments. The legality of these extensions was challenged in the Common Cause (A Registered Society) v. Union of India case, where the Supreme Court ruled that further extensions should not be granted to Mr. Mishra due to his attainment of the age of superannuation during the initial two years of his appointment. However, a second year-long extension was granted under an ordinance, and a third extension was granted under an amendment to the Central Vigilance Commission Act. The authors analyze whether this amendment nullifies the effect of the judicial pronouncement, potentially transgressing the constitutional safeguard of separation of power. They also highlight the importance of ensuring fixity of tenure in probe agencies to safeguard their independence.

Continue reading The Central Vigilance Commission (Amendment) Act, 2021: Another Tale of Legislative Overreach?