Ahead of the appointment of a new CBI Director early next month, the Lok Sabha, setting aside objections raised by the opposition to some of its provisions, passed The Delhi Special Police Establishment (Amendment) Bill, 2014. The Bill was passed though voice vote but not before a division of votes on its consideration as well as an amendment moved by Biju Janata Dal MP Tathagat Satpathy was rejected.
The Bill seeks to include the leader of the single largest opposition party in the three-member committee that selects the CBI Director since there is no recognised Leader of the Opposition in the Lok Sabha.
In the past, apart from the Prime Minister and the Chief Justice, the third member used to be the recognised LoP, but as the Congress as the largest opposition party did not have the numbers to qualify for LoP status, it would not have been able to be part of the committee without this amendment.
However, the opposition opposed the Bill stiffly on the continuance of another clause in it that said that “No appointment of a (CBI) Director shall be invalid merely by reason of any vacancy or absence of a member in the committee.” The opposition read this as signifying that even if a member or even two were not available, the government could still appoint the CBI Director.
Even though it was the Biju Janata Dal that moved the amendment, the Congress took centre stage in the discussion maintaining that this was aimed at keeping the largest opposition party out of the selection process, a charge denied by the government.
“The bill has been brought exclusively to keep out the single largest opposition party,” Leader of Congress in Lok Sabha Mallikarjun Kharge said, describing the move as a “double-edged sword” that “poses a big danger”.
MoS for Personnel Jitendra Singh, who moved the bill for consideration, stressed that the government had “no ulterior motive” and the amendment was aimed at “smoothening” the process of selecting the CBI Director. Mr Singh also said there were similar provisions in the Lokpal Act, CVC Act and the National Judicial Appointments Commission Act.