TOPIC – Exception to the ruleThe new law authorising an extension of the services of the heads of the Central Bureau of Investigation and the Enforcement Directorate until they complete a total tenure of five years will seriously
compromise the autonomy of those agencies. It 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. This was to prevent their sudden transfer out of office if their functioning goes against the interests of the regime of the day. While it did not specifically bar longer terms or
extensions, the prospect of getting an annual extension can be an incentive for displaying regime loyalty in the discharge of their duties. Significantly, in the case of the present Director of Enforcement, S.K. Mishra, who was appointed for two years in November 2018, his services were extended by an order on November 13, 2020, which
amended the original term of appointment from two years to three years. That the changes were brought in through the ordinance route in November raises a doubt whether the Government is keen on retaining him at the helm. Given that the central agencies have drawn much criticism for their focus on personages linked to Opposition parties, such a measure will be seen as a reward for guided functioning instead of a necessity to keep ongoing investigations on track. As it is, the fixed tenure for certain posts means their superannuation within that 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. A further extension that will take the offers’ services well beyond superannuation that too one year at a time, will render the heads of two investigating agencies unacceptably beholden to the Government. Also, in Mr. Mishra’s case, the Supreme Court declined to interfere with the one-year addition to his original term of appointment, but also said that “extension of tenure granted to officers who have
attained the age of superannuation should be done only in rare and exceptional cases”. And that the further extension should only be for “a short period”. It also made it clear that no further extension shall be granted to him. It is possible that the Government will
abide by this order and not give the benefit of the amendment to Mr. Mishra, but it does not render the act of authorizing year-on-year extensions to future appointees any less
detrimental to the public interest. 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.
The Hindu Editorial Words with meanings, synonyms, and antonyms
Compromise (noun) – An agreement or settlement of a dispute that is reached by each side making concessions
Synonyms – Covenant, disposition, stipulation, assent, entente
Antonyms – Feud, wrangle, contention, dissension, disputation
Dictum (noun) – A formal pronouncement from an authoritative source
Synonyms – Assertion, promulgation, decretal, behest, enactment
Antonyms – Disapproval, opposition, lawlessness, ambiguity, absurdity
Extensions (noun) – The action or process of enlarging or extending something
Synonyms – Elongation, augmentation, perpetuation, dilatation, stretch
Antonyms – Curtailment, abstract, epitome, conspectus, truncation
Amended (adjective) – Having been subject to an alteration or change to fit a different circumstance or medium
Synonyms – Mutated, incompatible, distorted, overhauled
Antonyms – Unexpurgated, arrant, conclusive, unabridged, indubitable
Attained (verb) – Succeed in achieving (something that one has worked for)
Synonyms – Wangled, reaped, clinched, snagged, gleaned
Antonyms –Abdicated, ditched, forfeited, deserted, halted
Abide (verb) – Accept or act in accordance with
Synonyms – Endure, linger, prevail, tarry, persist
Antonyms – Lapse, cease, elapse, abstain, eschew
Detrimental (adjective) – Tending to cause harm
Synonyms –Pernicious, inimical, nocuous, crippling, baleful
Antonyms –Anodyne, innoxious, salubrious, propitious
Implicit (adjective) – Suggested though not directly expressed
Synonyms –Inferred, deducible, aphonic, allusive, implicative
Antonyms –Discernible, overt, blatant, phonetic, luculent
Breached (verb) – Make a gap in and break through
Synonyms –Cleft, aperture, interstice, hiatus, perforation
Antonyms –Juncture, occlusion, conjugality, connubiality, conformity