New Delhi, Nov 25, : On Thursday, the Supreme Court accepted a PIL to hear a challenge to the ordinances.This allows the Central government to extend for up to five more years the tenure of the CBI and Directorate of Enforcement heads.
After briefly hearing Sharma, they said: "We will listing it." The Centre claimed that it had misused its power under Article123 of the Constitution, which governs Presidents power during recess of Parliament to promulgate ordinances.Two ordinances, the Central Vigilance Commission Amendment Ordinance (Amendment), Ordinance and Delhi Special Police Establishment Amendment (Amendment), which amended Section 25 & Section 4B of CVC Act 2003 and DSPE Act 46, were promulgated on November 14.These ordinances were allegedly "unconstitutional", arbitrary, and ultra-vires to the Constitution.The petition sought to have these ordinances thrown out by the highest court.
The plea stated that the government should be given the power to extend the tenures of the heads of both agencies to a maximum five-year period, instead of two years currently.These ordinances have the potential to further undermine the independence of these agencies.
The plea argued that the purpose of these ordinances was to avoid the top courts directives in a recent judgement on a petition.This petition challenged the retrospective change in Mishras 2018 appointment order as ED Director, leading to an extension of his tenure.
The top court ruled that officers who reach the age of superannuation must be granted tenure extensions in exceptional and rare cases.ss/v #agrees #review #chiefs #Delhi.
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