Hindi English Translation || Editorial || Undermining autonomy: On judicial endorsement of a tenure extension system

Undermining autonomy: On judicial endorsement of a tenure extension system

Allowing piecemeal (अलग-अलग, क्रम से) extensions to ED, CBI heads is a setback to their independence

The Supreme Court’s verdict upholding (कायम रखना, पुष्टि करना) statutory (वैधानिक) amendments made in 2021 to allow multiple extensions of service to heads of investigative agencies (जांच एजेंसियां) is a setback to the cause (कारण) of protecting their institutional independence. While the part of the judgment quashing (overrule, cancel, nullify, reverse, repeal, revoke, invalidate, override) the two one-year extensions given to the Director (order, instruct, require) of Enforcement, S.K. Mishra, may be welcomed (स्वागत, प्राप्त करना), the rest of it is a free pass (नि: शुल्क प्रवेशपत्र) to the government to undermine (कमज़ोर करना, नष्ट करना) the autonomy (स्वायत्तता) of these agencies. The Court has asked Mr. Mishra to step down (त्यागपत्र देना) on July 31. In 2021, it had directed the government not to grant (give, provide, bestow, confer) any extension to him beyond November that year. It has now ruled that even though Parliament can remove the basis for any judgment through legislation (कानून, विधान), it cannot nullify (overrule, cancel, quash, reverse, repeal, revoke, invalidate, override) a court direction (order, instruction, requirement). Mr. Mishra was appointed for a two-year term in 2018, but in 2020, the original appointment was retrospectively (with effect from a date in the past) amended to make it a three-year tenure (कार्यकाल). He was given two annual extensions in 2021 and 2022, despite crossing the age of superannuation (retirement (discharging someone after having reached a predetermined age or cause to retire someone due to age)). The government ignored the Court’s earlier observation (remark, comment, pronouncement, statement, opinion, finding) that such extension should be given to those who have attained (प्राप्त) superannuation only in “rare and exceptional cases”. However, the larger import (message, meaning, essence, substance) of the latest judgment is that it endorses the changes enabling annual extensions to the CBI and ED Directors until they complete five years in that office.

The heads of the CBI and ED have an assured (guaranteed, solid) term of two years regardless of (despite, in spite of, notwithstanding) superannuation, and the introduction of a power to extend it to five years means an officer may get up to three annual extensions. As the petitioners who challenged the extension given to Mr. Mishra, as well as the Court-appointed amicus curiae (a Latin term meaning “friend of the court.” an individual who is not a party to a legal case, but who is allowed to give assistance to a court by offering information, expertise, or insight that has a relation/relevance to the issues in the case), argued, piecemeal extensions undermine the independence of the office, and encourage a carrot-and-stick (relating to a policy approach that offers both a reward and threat of punishment) policy to make Directors toe the government’s line. The Court has rejected, without much justification (explanation, rationalization, rationale; basis, reason), their contention (opinion, position, view, assertion, affirmation, declaration, statement) that the 2021 changes to the Central Vigilance Commission Act (An Act to provide for the constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto), the Delhi Special Police Establishment Act (An Act to make provision for the constitution of a special police force 2 [in Delhi for the investigation of certain offences in 3 [the Union territories]] for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences) and the Fundamental Rules (The Fundamental Rules apply to all Government Servants paid from the consolidated fund of the State. They deal with service aspects relating to Government servants such as the General Conditions of Service, Pay, Pay fixations, Increments, additions to pay, combinations of appointment, Dismissal, Removal and suspension, Retirement, Leave Joining time and Foreign Service etc. The Power of Interpreting these Rules is reserved to the Government) go against (oppose, disagree with, resist something; be unfavourable to someone) the spirit (real/true meaning, true intention, essence; ethos) of earlier judgments that mandated (instruct, direct, order, require, make something mandatory) fixed tenures to the CBI and ED heads only to insulate (protect, safeguard, shield) them from extraneous (pointless, irrelevant, immaterial, inappropriate) pressures. The finding (conclusion arrived at (as a result of an inquiry)) that the amendments do not violate (contravene, breach, break, disobey, defy, flout) any fundamental rights is quite surprising, as allowing the government to have Directors who can pick and choose (cherry-pick; look at the various things that are on display and select the one you want) what cases to investigate based on political instructions certainly offends (do wrong, break the law; upset, hurt, distress, annoy, displease) the rights of citizens to equal treatment and impartial (unbiased, non-partisan, disinterested, neutral, fair-minded) investigation. At a time when there is a cloud (used to refer to a state or condition of something; threat, menace, trouble, spectre) of suspicion (mistrust, distrust, qualm, doubt, scepticism, misgivings) over the misuse (wrong use, abuse, exploitation, misemployment, misapplication) of government agencies against political opponents (the opposition, rival, adversary, fellow competitor), the Court’s endorsement of a tenure extension system designed (devise, intend, aim, plan, contrive, create, develop, conceive) to undermine their independence is not conducive (good for, helpful for, useful for; advantageous, beneficial, valuable, encouraging, promising) to the rule of law (it is described as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards).

Courtesy: The Hindu

Important Word List With Meaning

1.undermine (verb)

Hindi Meaning - कमज़ोर करना, नष्ट करना
English Meaning - weaken, subvert, sabotage, damage.

2.autonomy (noun)

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

3.endorsement (noun)

Hindi Meaning - समर्थन, अनुमोदन
English Meaning - support, backing, approval, acceptance, ratification, validation.

4.tenure (noun)

Hindi Meaning - कार्यकाल
English Meaning - term of office, period of office, time in office.

5.piecemeal (adjective)

Hindi Meaning - अलग-अलग, क्रम से
English Meaning - disorganized, unplanned, unsystematic, unmethodical, step by step.

6.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).

7.statutory (adjective)

Hindi Meaning - वैधानिक
English Meaning - legal, lawful, legitimate, rightful, constitutional.

8.investigative agencies (noun)

Hindi Meaning - जांच एजेंसियां
English Meaning - India has a number of investigative agencies like The Central Bureau of Investigation (CBI), The National Investigation Agency (NIA), The Narcotics Control Bureau (NCB) and others.

9.cause (noun)

Hindi Meaning - कारण
English Meaning - basis.

10.welcome (verb)

Hindi Meaning - स्वागत, प्राप्त करना
English Meaning - receive, embrace (in a polite way).

11.free pass (noun)

Hindi Meaning - नि: शुल्क प्रवेशपत्र
English Meaning - (unrestricted) approval; acceptance/approval of bad behaviour.

12.step down (phrasal verb)

Hindi Meaning - त्यागपत्र देना
English Meaning - quit, resign, withdraw, retire, stand down.

13.uphold (verb)

Hindi Meaning - कायम रखना, पुष्टि करना
English Meaning - confirm, endorse/approve, vindicate/validate.

14.legislation (noun)

Hindi Meaning - कानून, विधान
English Meaning - body of laws, acts, rules, regulations, statutes.

15.attain (verb)

Hindi Meaning - प्राप्त
English Meaning - reach (a specified age)

16.direct (verb)

English Meaning - order, instruct, require.

17.setback (noun)

English Meaning - problem, difficulty, issue.

18.head (noun)

English Meaning - leader, chief, chairperson, director.

19.quash (verb)

English Meaning - overrule, cancel, nullify, reverse, repeal, revoke, invalidate, override.

20.grant (verb)

English Meaning - give, provide, bestow, confer.

21.nullify (verb)

English Meaning - overrule, cancel, quash, reverse, repeal, revoke, invalidate, override.

22.direction (noun)

English Meaning - order, instruction, requirement.

23.retrospectively (adverb)

English Meaning - with effect from a date in the past.

24.superannuation (noun)

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

25.observation (noun)

English Meaning - remark, comment, pronouncement, statement, opinion, finding.

26.import (noun)

English Meaning - message, meaning, essence, substance.

27.assured (adjective)

English Meaning - guaranteed, solid.

28.regardless of (preposition)

English Meaning - despite, in spite of, notwithstanding.

29.amicus curiae (noun)

English Meaning - a Latin term meaning “friend of the court.” an individual who is not a party to a legal case, but who is allowed to give assistance to a court by offering information, expertise, or insight that has a relation/relevance to the issues in the case.

30.carrot-and-stick (adjective)

English Meaning - relating to a policy approach that offers both a reward and threat of punishment.

31.toe someone’s line (phrase)

English Meaning - to follow/conform/obey someone’s expectations or rules or policies reluctantly

32.justification (noun)

English Meaning - explanation, rationalization, rationale; basis, reason.

33.contention (noun)

English Meaning - opinion, position, view, assertion, affirmation, declaration, statement.

34.Central Vigilance Commission Act, 2003 (noun)

English Meaning - An Act to provide for the constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants of the Central Government, corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government and for matters connected therewith or incidental thereto.

35.Delhi Special Police Establishment Act, 1946 (noun)

English Meaning - An Act to make provision for the constitution of a special police force 2 [in Delhi for the investigation of certain offences in 3 [the Union territories]] for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences.

36.Fundamental Rules (FR) (noun)

English Meaning - The Fundamental Rules apply to all Government Servants paid from the consolidated fund of the State. They deal with service aspects relating to Government servants such as the General Conditions of Service, Pay, Pay fixations, Increments, additions to pay, combinations of appointment, Dismissal, Removal and suspension, Retirement, Leave Joining time and Foreign Service etc. The Power of Interpreting these Rules is reserved to the Government.

37.go against (phrasal verb)

English Meaning - oppose, disagree with, resist something; be unfavourable to someone.

38.spirit (noun)

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

39.mandate (verb)

English Meaning - instruct, direct, order, require, make something mandatory.

40.insulate (verb)

English Meaning - protect, safeguard, shield.

41.extraneous (adjective)

English Meaning - pointless, irrelevant, immaterial, inappropriate.

42.finding (noun)

English Meaning - conclusion arrived at (as a result of an inquiry).

43.violate (verb)

English Meaning - contravene, breach, break, disobey, defy, flout.

44.Part III Rights/Fundamental Rights (noun)

English Meaning - The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual’s liberty while simultaneously placing upon it an obligation to protect the citizens’ rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution - the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.

45.pick and choose (phrase)

English Meaning - cherry-pick; look at the various things that are on display and select the one you want.

46.offend (verb)

English Meaning - do wrong, break the law; upset, hurt, distress, annoy, displease.

47.impartial (adjective)

English Meaning - unbiased, non-partisan, disinterested, neutral, fair-minded.

48.cloud (noun)

English Meaning - used to refer to a state or condition of something; threat, menace, trouble, spectre.

49.suspicion (noun)

English Meaning - mistrust, distrust, qualm, doubt, scepticism, misgivings.

50.misuse (noun)

English Meaning - wrong use, abuse, exploitation, misemployment, misapplication.

51.opponent (noun)

English Meaning - the opposition, rival, adversary, fellow competitor.

52.design (verb)

English Meaning - devise, intend, aim, plan, contrive, create, develop, conceive.

53.conducive (adjective)

English Meaning - good for, helpful for, useful for; advantageous, beneficial, valuable, encouraging, promising.

54.rule of law (phrase)

English Meaning - it is described as “a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.