The Supreme Court has declared the extension of Enforcement Directorate (ED) director S.K. Mishra’s term as illegal, citing a violation of the Court’s 2021 judgment in the Common Cause case, which stated that no further extension should be granted. Despite this, the Court has allowed Mishra to continue in his position until July 31, considering the Centre’s concerns regarding a smooth transfer of power.
Furthermore, the Court has upheld the amendments made to the Central Vigilance Commission Act and the Delhi Special Police Establishment Act, which enable the Centre to extend the tenure of the ED and CBI chiefs for up to five years. In its ruling, the Court emphasized that extensions can be granted to high-level officials in the public interest, provided there are valid reasons given in writing.
A three-judge bench comprising Justices B.R. Gavai, Vikram Nath, and Sanjay Karol delivered the verdict while hearing a series of petitions challenging Mishra’s appointment and the recent amendment to the Central Vigilance Commission Act. The Court acknowledged the limited scope of judicial review over legislation and recognized that the appointments of these officers are made by a high-level committee. Therefore, the Court upheld the amendments, stating that sufficient safeguards are in place.
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