CBI and Enforcement Directorate

17 Nov 2021 CBI and Enforcement Directorate

Posted at 14:52h in Daily current-affairs by khyati khare 0 Comments

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Recently, two ordinances have been promulgated by President Ram Nath Kovind, to extend the tenure of directors of ‘Central Bureau of Investigation’ (CBI) and ‘Enforcement Directorate (ED)’ for the central government by two years. Power to extend it from five years has been given.
At present, the tenure of the chiefs of CBI and Enforcement Directorate is fixed at ‘two years’.

The ‘Delhi Special Police Establishment Act’, 1946 has been amended to change the tenure of CBI Director.
Amendment has been made in the ‘Central Vigilance Commission Act’, 2003 for change in the tenure of ‘Enforcement Directorate’ (ED) Director.

An order has been issued by the Ministry of Personnel to amend the ‘Fundamental Rules’, 1922 (Fundamental Rules, 1922) to include two other posts in the tenure change list, so that their services will be fixed for two years in the “public interest”. The tenure can be extended for an additional period of up to two years.
In the previous list, Defense Secretary, Foreign Secretary, Home Secretary, Director, Intelligence Bureau and Secretary, ‘Research and Analysis Wing’ (RAW) were included.

The director of the ‘Central Bureau of Investigation’ (CBI) is appointed under section 4A of the ‘Delhi Special Police Establishment Act’ 1946.
As per the Lokpal and Lokayuktas Act (2013), the Director of CBI will be appointed by the Central Government on the recommendation of a three-member committee consisting of the Prime Minister as Chairman, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India or nominated by him. Judges of the Supreme Court will be involved.
In addition, the composition of the committee related to the appointment of CBI Director was changed by the Delhi Special Police Establishment (Amendment) Act, 2014. It states that in case there is no recognized Leader of the Opposition in the Lok Sabha, the leader of the largest opposition party in the Lok Sabha shall be included as a member of this committee.

This Directorate was set up on 1st May, 1956, under the ‘Foreign Exchange Regulation Act’, 1947 (FERA ’47) to set up an ‘Enforcement Unit’ in the Department of Economic Affairs to deal with the violations of the Exchange Control Act. was done with
In the year 1957, the name of this unit was changed to ‘Enforcement Directorate’.
The Enforcement Directorate, at present, is a part of the Department of Revenue under the Ministry of Finance.
The function of this organization is to enforce the provisions of two special fiscal laws – Foreign Exchange Management Act, 1999 (Foreign Exchange Management Act, 1999 – FEMA) and Prevention of Money Laundering Act, 2002 (PMLA).

In Directorate of Enforcement, apart from direct recruitment of personnel, officers are appointed on deputation basis from various investigating agencies i.e. Customs and Central Excise, Income-tax, Police etc.