Exception to the rule

Context: Allowing yearly extensions to heads of CBI, ED will compromise their autonomy.

Issues associated with yearly extensions to heads of CBI, ED

• Compromise of autonomy: As, fixed tenure for certain posts means their superannuation within period will not end their term. 
  • In effect, there is an implied extension for an officer appointed to one of these protected posts if the appointment comes within two years of retirement. 
  • Further extension will take the officers’ services well beyond superannuation that too one year at a time, will render heads of two investigating agencies unacceptably beholden to Government.
• Violation of Supreme Court judgement: Ordinance goes against the spirit of the Supreme Court judgment in Vineet Narain vs Union of India (1997) which laid down a dictum that the Directors of the CBI and the ED should have a minimum tenure of two years.
  • In Mishra’s case, the Supreme Court said that “extension of tenure granted to officers who have attained the age of superannuation should be done only in rare and exceptional cases” but only for “a short period”.
• Promote vested interests like regime loyalty: Prospect of getting an annual extension can be an incentive for displaying regime loyalty in the discharge of their duties.
  • Eg. Director of Enforcement, S.K. Mishra’s services were extended by an order on which amended the original term of appointment from two years to three years.
• Questions over method of bringing in changes: Questions were raised when changes were brought in through the ordinance route instead of proper legislation. 
• Detrimental to the public interest: As act of authorising year­on­year extensions promotes doctrine of pleasure’ implicit in civil service.

Conclusion: The protection given by a fixed tenure and the use of a high-ranking committee to recommend appointments and transfers were meant to dilute the ‘doctrine of pleasure’ implicit in civil service. However, it may be breached, if the extension allowed in exceptional circumstances becomes the rule.

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