Taming the agency

Context: Recent ordinances gave power to the government to extend the tenure of the heads of CBI and ED to a maximum of 5-years, from current 2-years.

Issues associated with functioning of Central agencies

• Bypassing Parliament to make laws: In past 7-years, Centre and several states, have increasingly been succumbing to the temptation of bypassing (Through ordinances) parliamentary route to make laws.
• DC Wadhwa case in 1986: SC clarified that, “power to promulgate an Ordinance is essentially a power to be used to meet an extraordinary situation and it cannot be perverted to serve political ends.”
• Recently, government has promulgated two ordinances, expanding the tenure of directors of the CBI and ED, appears that it aimed to circumvent the apex court’s directive.
• Successive governments have abused the central agencies for partisan purposes: Like CBI, ED, etc.
• Aggression with which central agencies have targeted political opponents of the current dispensation. 
• Extending tenure of the heads of two agencies goes against the SC’s stipulation of a 2-year term: 
• Vineet Narain Case: Landmark case of 1997. SC given verdict that the agencies need “permanent insulation against extraneous influences” has acquired greater prescience.

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