Oppn questions motive & intentions behind Centre's 'hurry' over ordinance

Update: 2021-11-15 19:34 GMT

New Delhi: The Central government on Monday issued the Gazette notification with respect to extending the tenure of Defence Secretary, Home Secretary, Director of Intelligence Bureau (IB), Secretary of Research and Analysis Wing (RAW) for the period of two years.

The Opposition questioned the motive and intentions behind the government's haste, given that Parliament is scheduled to meet later this month.

Hitting out at the BJP government over the ordinances that seek to increase the tenure of ED and CBI directors, the Congress on Monday said that the move undermines institutions and is meant for creating security for the ruling dispensation and its friends instead of the nation.

While addressing a Press conference, Congress spokesperson Abhishek Singhvi said by bringing these ordinances, the BJP government was sidestepping Parliament and violating the Supreme Court's orders only to "misuse" the investigative agencies for protecting themselves and their friends while targeting the Opposition.

"The BJP is consistently and intentionally engaged in undermining and sabotaging the institutions and creating security for themselves and the establishment instead of security for the nation. The ordinances are another example in that direction," he told reporters.

"These ordinances take these institutions from discipline and upholding the rule of law to dutifulness to their political masters," he alleged.

The Congress leader further added that the National Democratic Alliance (NDA) stands exposed not as an alliance of political parties "but as an alliance of the ED, the CBI and the Income Tax department".

The attempt to introduce these ordinances just two weeks ahead of the Parliament session is an attempt at sabotaging, sidestepping, skirting the institution of Parliament, he said. 

He also wondered how these agencies would work objectively in case their chiefs are dependent on the mercy of the government as their tenures would be increased only if they please their political masters.

The Congress leader also asked if the Modi government is so certain of the public interest, then surely it will have no objection if these are scrutinised by a Standing Committee of Parliament.

The Trinamool Congress on Monday moved notices for statutory resolutions in the Rajya Sabha, objecting to the ordinances by the government to extend the tenure of CBI and ED chiefs, sources said.

The party also maintained that these ordinances were aimed to bypass the Supreme Court direction, which had laid down that any extension of tenure has to be for a short period and "only in rare and exceptional circumstances" to facilitate an ongoing investigation. With these ordinances, the Central government can now give three one-year extensions.

The party moved two separate notices for statutory resolutions for the two laws the government has amended through the ordinances to extend the tenure of ED and CBI chiefs.

"Two brazen Ordinances extend ED and CBI Director terms from 2 to 5 years #Parliament Winter Session begins two weeks from now. Be rest assured, Opposition parties will do all it takes to stop India from turning into an elected autocracy," tweeted Trinamool's Rajya Sabha MP Derek O'Brien.

"How Modi-Shah's BJP mock Parliament and shamelessly use Ordinances. The same stunt repeated today to keep their pet parrots in ED and CBI," he said in a tweet, also posting a chart of previous such ordinances brought in by the government ostensibly to bypass Parliament.

Sukhendu Sekhar Ray, the TMC Rajya Sabha MP, said the time has come to wind up these agencies as they have been highly politicised.

He said the matter could have been placed before the Winter Session of Parliament which is going to commence soon. "But a tendency has developed to bypass Parliament and issue an Ordinance. This practice is dangerous and the BJP is going ahead with a unitary system rather than a federal system as laid down in the Indian Constitution."

The Politburo of the Communist Party of India (Marxist) issued an official statement on Monday stating: "Leaders of Opposition parties are regularly targeted. This step is meant to further subvert the autonomy of these agencies and to make the key officers more pliable."

The highest body of the Left party also demanded to rescind these ordinances. CPI MP Binoy Viswam indicated that his party too will move a disapproval motion against the ordinances.

Meanwhile, Monday' notification reads that the Central government may: "If it considers necessary in the public interest so to do, give extension in service to the Defence Secretary, Home Secretary, Director of Intelligence Bureau, Secretary of Research and Analysis Wing and Director of Central Bureau of Investigation (CBI) appointed under the Delhi Special Police Establishment Act, 1946 (25 of 1946) and Director of Enforcement in the Directorate of Enforcement (ED) appointed under the Central Vigilance Commission Act, 2003 (45 of 2003) in the Central Government for such period or periods as it may deem proper on a case-to-case basis for reasons to be recorded in writing, subject to the condition that the total term of such Secretaries or Directors, as the case may be, who are given such extension in service under this rule, does not exceed two years or the period provided in the respective Act or rules made thereunder, under which their appointments are made."

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