The Director, and the Committee
Chapter Eighty-Four
Syllabus topic 4, "Investigation Agencies : the CBI"
Pages 443 to 449 of 1033
In one line
The Director is chosen by a committee of three of whom only one is of the Government, holds office for at least two years, cannot be transferred without that committee's consent, and since 2021 may be kept on one year at a time up to five.
In the wording a student can write in an exam: section 4A of the Delhi Special Police Establishment Act 1946 requires the Central Government to appoint the Director on the recommendation of a Committee consisting of the Prime Minister as Chairperson, the Leader of the Opposition recognised as such in the House of the People or, where there is no such Leader, the Leader of the single largest Opposition Party in that House, and the Chief Justice of India or a Judge of the Supreme Court nominated by him; section 4B provides that the Director shall hold office for not less than two years notwithstanding anything to the contrary in his conditions of service and shall not be transferred without the Committee's previous consent, and by the provisos inserted in 2021 that period may in public interest be extended up to one year at a time subject to a total of five years; section 4BA creates a Directorate of Prosecution; and section 4C provides for appointments to posts of the level of Superintendent of Police and above on the recommendation of a different Committee chaired by the Central Vigilance Commissioner.
Section 4A: the Committee
4A(1). The Central Government shall appoint the Director on the recommendation of the Committee consisting of:
(a) the Prime Minister, Chairperson; (b) the Leader of Opposition recognised as such in the House of the People, or, where there is no such Leader of Opposition, the Leader of the single largest Opposition Party in that House, Member; (c) the Chief Justice of India or a Judge of the Supreme Court nominated by him, Member.
4A(2). No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee.
4A(3). The Committee shall recommend a panel of officers (a) on the basis of seniority, integrity and experience in the investigation of anti-corruption cases, and (b) chosen from among officers belonging to the Indian Police Service constituted under the All-India Services Act 1951, for being considered for appointment as Director.
Count the votes and compare, because this is the best selection committee in the paper. One of three is of the Government. Chapter 750 counted the Central Vigilance Commission's Committee at two of three, chapter 110 the Lokpal's at two of five, and chapter 270 Maharashtra's 2023 Committee at four of seven.
The history of the section is itself examinable. As inserted by section 26(b) of the Central Vigilance Commission Act 2003, the Committee was headed by the Central Vigilance Commissioner. Section 4A(1) was substituted by the Lokpal and Lokayuktas Act 2013, section 58 and the Schedule, with effect from 16 January 2014, to the present three-member composition. Clause (b) was then substituted by Act 28 of 2014, section 2, with effect from 29 November 2014, to add the "single largest Opposition Party" fallback, and the same Act inserted sub-section (2).
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