Hindi English Translation || Editorial || Exception to the rule: On extensions to heads of CBI, ED

Exception to the rule: On extensions to heads of CBI, ED

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

The new law authorising an extension of the services of the heads of the Central Bureau of Investigation and the Enforcement Directorate (प्रवर्तन निदेशालय) until they complete a total tenure of five years will seriously compromise (समझौता, समाधान करना, निपटारा करना) the autonomy (स्वायत्तता, स्वतंत्रता) of those agencies. It goes against (खिलाफ जाना, विरुद्ध होना, असहमत होना) the spirit (real/true meaning, true intention, essence; ethos) 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 (कार्यकाल, समय, अवधि, कार्यकाल) of two years. This was to prevent their sudden transfer out of office if their functioning goes against the interests (common concerns (in politics/business)) of the regime (शासन, सरकार) of the day. While it did not specifically bar (prohibit, debar, preclude, forbid, ban) longer terms or extensions, the prospect (आशा, मौका, संभावना) of getting an annual extension can be an incentive (प्रोत्साहन, प्रेरणा, बढ़ावा) for displaying regime loyalty (वफादारी, निष्ठा, ईमानदारी) in the discharge (मुक्ति, प्रदर्शन, आचरण) of their duties. Significantly (काफी, विशेष रूप से, महत्वपूर्ण रूप से), 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 (लाना, परिचय, कारण) through the ordinance route (मार्ग, सड़क) in November raises a doubt whether the Government is keen on retaining him at the helm (in charge, in command/control/authority; in the driving seat). Given (considering, taking into account, bearing in mind) that the central agencies (the central agencies are organizations in the executive branch that co-ordinate the activities of, and provide guidance to the operating ministries and agencies; e.g. Central Bureau of Investigation (CBI), Directorate of Enforcement (ED), Income Tax Department (IT) and etc) have drawn (be the cause of (a particular response)) much criticism for their focus on personages linked to Opposition parties, such a measure will be seen as a reward for guided (managed by remote control) functioning instead of a necessity ((essential) requirement, prerequisite, indispensable thing) to keep ongoing investigations on track (on course, on target, on schedule).

As it is, the fixed tenure for certain posts means their superannuation (retirement (discharging someone after having reached a predetermined age or cause to retire someone due to age)) within that period will not end their term. In effect (really, in reality, in truth, in fact), 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 officers’ services well beyond superannuation, that too one year at a time, will render (make, cause to be, cause to become) the heads of two investigating agencies unacceptably beholden (indebted, obligated, under an obligation, duty-bound) 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 (conform to, adhere to, comply with) this order and not give the benefit of the amendment to Mr. Mishra, but it does not render the act of authorising (give permission for, permit, sanction, allow, agree to, approve) year-on-year (year over year) extensions to future appointees (one who is appointed to a job/position; representative, delegate, office holder) any less detrimental (adverse, undesirable, prejudicial, unfavourable) 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 (weaken, reduce, quell (the value of something)) the ‘doctrine (working principle, rule, directive) of pleasure’ implicit (to be found in something; inherent, intrinsic, incorporated, connected with) in civil service. However, it may be breached (break, contravene, violate), if the extension allowed in exceptional circumstances (situation, condition, context) becomes the rule.

Courtesy: The Hindu

Important Word List With Meaning

1.exception (noun)

Hindi Meaning - अपवाद, विसंगति, असामान्यता
English Meaning - anomaly, abnormality, inconsistency, special case; deviation, departure.

2.Enforcement Directorate (ED) (noun)

Hindi Meaning - प्रवर्तन निदेशालय
English Meaning - Directorate of Enforcement is a specialized financial investigation agency under the Department of Revenue, Ministry of Finance, Government of India. It was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the Foreign Exchange Management Act, 1999 (FEMA) (Civil Law) and certain provisions under the Prevention of Money Laundering Act, 2002 (PMLA) (Criminal Law).

3.compromise (verb)

Hindi Meaning - समझौता, समाधान करना, निपटारा करना
English Meaning - undermine, weaken, damage, be detrimental to.

4.autonomy (noun)

Hindi Meaning - स्वायत्तता, स्वतंत्रता
English Meaning - independence, freedom (from external control/influence).

5.tenure (noun)

Hindi Meaning - कार्यकाल, समय, अवधि, कार्यकाल
English Meaning - term, time, period, stint (in office); incumbency.

6.go against (phrasal verb)

Hindi Meaning - खिलाफ जाना, विरुद्ध होना, असहमत होना
English Meaning - oppose, disagree with, resist something; be unfavourable to someone.

7.lay down (phrasal verb)

Hindi Meaning - नीचे रख देना, एक नियम बनाना
English Meaning - formulate, stipulate & insist on a rule.

8.regime (noun)

Hindi Meaning - शासन, सरकार
English Meaning - government.

9.prospect (noun)

Hindi Meaning - आशा, मौका, संभावना
English Meaning - chance, possibility.

10.incentive (noun)

Hindi Meaning - प्रोत्साहन, प्रेरणा, बढ़ावा
English Meaning - motivation, encouragement, impetus, boost.

11.loyalty (noun)

Hindi Meaning - वफादारी, निष्ठा, ईमानदारी
English Meaning - allegiance, faithfulness, adherence.

12.discharge (noun)

Hindi Meaning - मुक्ति, प्रदर्शन, आचरण
English Meaning - performance, conduct.

13.significantly (adverb)

Hindi Meaning - काफी, विशेष रूप से, महत्वपूर्ण रूप से
English Meaning - notably, importantly, crucially.

14.bring in (phrasal verb)

Hindi Meaning - लाना, परिचय, कारण
English Meaning - introduce, cause, bring about, create.

15.route (noun)

Hindi Meaning - मार्ग, सड़क
English Meaning - method/process.

16.spirit (noun)

English Meaning - real/true meaning, true intention, essence; ethos.

17.dictum (noun)

English Meaning - law, ordinance, rule, regulation, stipulation.

18.interest (noun)

English Meaning - common concerns (in politics/business).

19.of the day (phrase)

English Meaning - existing at a particular period of time.

20.bar (verb)

English Meaning - prohibit, debar, preclude, forbid, ban.

21.keen (on) (adjective)

English Meaning - enthusiastic about, interested in, passionate about, fascinated by.

22.at the helm (phrase)

English Meaning - in charge, in command/control/authority; in the driving seat.

23.helm (noun)

English Meaning - in charge, in command, in authority, position.

24.given (preposition)

English Meaning - considering, taking into account, bearing in mind.

25.central agencies (plural noun)

English Meaning - the central agencies are organizations in the executive branch that co-ordinate the activities of, and provide guidance to the operating ministries and agencies; e.g. Central Bureau of Investigation (CBI), Directorate of Enforcement (ED), Income Tax Department (IT) and etc.

26.draw (verb)

English Meaning - be the cause of (a particular response).

27.personage (noun)

English Meaning - important person, VIP, celebrity/public figure.

28.measure (noun)

English Meaning - action, step, procedure.

29.guided (adjective)

English Meaning - managed by remote control.

30.necessity (noun)

English Meaning - (essential) requirement, prerequisite, indispensable thing.

31.keep going (phrase)

English Meaning - continue something (despite difficulty).

32.on track (phrase)

English Meaning - on course, on target, on schedule.

33.superannuation (noun)

English Meaning - retirement (discharging someone after having reached a predetermined age or cause to retire someone due to age).

34.in effect (phrase)

English Meaning - really, in reality, in truth, in fact.

35.implied (adjective)

English Meaning - implicit, indirectly mentioned.

36.render (verb)

English Meaning - make, cause to be, cause to become.

37.beholden (adjective)

English Meaning - indebted, obligated, under an obligation, duty-bound.

38.make clear (phrase)

English Meaning - explain, clarify, elucidate.

39.abide by (verb)

English Meaning - conform to, adhere to, comply with.

40.authorise (verb)

English Meaning - give permission for, permit, sanction, allow, agree to, approve.

41.year-on-year (adjective)

English Meaning - year over year.

42.appointee (noun)

English Meaning - one who is appointed to a job/position; representative, delegate, office holder.

43.detrimental (adjective)

English Meaning - adverse, undesirable, prejudicial, unfavourable.

44.public interest (noun)

English Meaning - the public good; the advantage/benefit of the community in general.

45.dilute (verb)

English Meaning - weaken, reduce, quell (the value of something).

46.doctrine (noun)

English Meaning - working principle, rule, directive.

47.doctrine of pleasure (noun)

English Meaning - The doctrine of pleasure has its origins in English law. In England, the moral rule is that a civil servant of the Crown holds office during the pleasure of the Crown. This means his services can be terminated at any time by the Crown, without assigning any reason. In India, under Article 310 even civil servants hold office at the pleasure of the President or the Governor as the case may be. That pleasure is absolute.

48.implicit (in) (adjective)

English Meaning - to be found in something; inherent, intrinsic, incorporated, connected with.

49.breach (verb)

English Meaning - break, contravene, violate.

50.circumstances (noun)

English Meaning - situation, condition, context.