With the sensitive post of CBI Director falling vacant next month, the continuing absence of a Leader of the Opposition in the Lok Sabha leaves a vacuum in the appointment process, creating a sense of urgency for action and triggering debates.
Under the amended Section 4 A of the Delhi Special Police Establishment Act, the CBI Director is appointed by the Centre on the recommendations of a high-profile committee led by the Prime Minister and comprising as members the Leader of the Opposition (LoP) in the Lok Sabha and the Chief Justice of India or a Supreme Court judge nominated by him.
“If a statute provides an alternative to a recognised Leader of the Opposition, there is no problem ... follow this alternative. If there is no alternative, this vacuum or vacancy should not come in the way of appointment processes to sensitive posts,” Attorney General Mukul Rohatgi told The Hindu on Sunday.
Mr. Rohatgi said while this could be an immediate way out, a long-term solution should be found in law.
Government sources said, if the situation demands, they are not averse to bringing on board the leader of the single largest group in Opposition.
Alternative providedUnlike the DSPE Act, the Central Vigilance Commission Act, 2003 does provide an “alternative” to a recognised LoP.
Under Section 4.1 of the 2003 statute, the President appoints the CVC and Vigilance Commissioners on the recommendation of a Committee with the PM as chairperson and the Minister of Home Affairs and the LoP as members.
But the explanation to the provision says: “The Leader of the Opposition in the House of the People shall, when no such Leader has been so recognised, include the Leader of the single largest group in Opposition of the government in the House of the People.”
In December, the amended provisions of the DSPE Act would come into effect for the first time while selecting the CBI Director. Only those officers empanelled as Director-General with prior work experience in the CBI or anti-corruption bureau can be shortlisted.
1976-80 batchesThis time round, the zone of consideration for the next CBI chief is expected to be of the officers from 1976-80 batches. There are two senior officers from the 1976 batch, but government sources said, they have no previous experience with any anti-corruption agency.
DG-empanelledWithin this bracket, among the DG-empanelled officers are Anil Sinha, who is presently a CBI Special Director, Railway Protection Force Director-General Krishna Choudhary, Special Secretary (Internal Security) Prakash Mishra, National Investigation Agency chief Sharad Kumar, Arup Patnaik of the Maharashtra cadre and B. Prasad Rao of the Andhra Pradesh cadre.
Archana Ramasundaram of the Tamil Nadu cadre, NIA Special Director-General Navneet Wasan and K.P. Raghuvanshi are from the 1980 batch. However, it is learnt that Mr. Raghuvanshi is not DG-empanelled yet.
