ED DIRECTOR (Syllabus: GS Paper 2 - Governance)

News-CRUX-10     27th July 2023        

Context: The Centre moved the apex court seeking modification of its order to allow ED director to continue in office till 15 October in view of the ongoing FATF review.


Background

  • The Supreme Court asked Enforcement Directorate (ED) Director to quit four months before his retirement in November even as it upheld statutory amendments which permit the government to stretch the tenures of the Directors of the Central Bureau of Investigation and the ED by another three years.
  • CBI and ED chiefs have fixed tenures of two years.
    • However, amendments introduced in 2021 to the Central Vigilance Commission Act, the Delhi Special Police Establishment Act and the Fundamental Rules allow them a maximum three annual extensions.
  • By upholding the 2021 amendments, the court disagreed with the submissions made by its own amicus curiae.
  • The amicus curiae had urged the court to strike down the amendments.
  • The court said that the 2021 amendments were enacted by the Parliament. 
    • They could not be declared unconstitutional lightly.