New Delhi: With less than a week left for the retirement of the CBI chief, Parliament on Thursday passed a bill under which it will not be necessary for all the three members of the selection panel to be present to choose the next head of the investigation agency.
The Delhi Special Police Establishment (Amendment) Bill, 2014, passed by Rajya Sabha on Thursday, also provides for inclusion of 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. The Committee has Prime Minister and Chief Justice of India as other members.
Defending the clause that the appointment of CBI Director will not be held invalid by the absence of one of the three members of the selection committee, Finance Minister Arun Jaitley said it has been inserted to ensure that the appointment is not delayed due to non-availability of one of the members for the meeting.
The amendment bill, passed by Lok Sabha on Wednesday, also provides 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 clause for doing away with the need for attendance of all the three members of the selection panel for choosing a CBI chief was strongly objected to by Congress, which felt it is aimed at keeping it out of the process.
"India needs a professional, independent, fair and balanced CBI...our experience was not good. We must have a representative of opposition as part of collegium. The idea is prompted as part of CBI reforms. CBI must not be a partisan agency. It should be fair and there should be participation of the Opposition," Jaitley said.
Some members, including prominent lawyer K T S Tulsi (Nom) pointed out that while Lokpal Act mentions of vacancy in the selection panel of Lokpal chairman and its members, there is no mention of 'absence' of a member of the selection collegium.
Jaitley said in one of the states, the Leader of the Opposition did not attend a similar meeting for years, thus delaying the appointment process of an organisation.
Allaying fears that the notice of the meeting may not be sent to the leader of the opposition party, the Finance Minister said, "Do we envisage a situation where Prime Minister, Chief Justice of India send a make belief notice...will CJI be a party to it. I assure that the very objective is we voluntary brought this to strengthen the system."
He said government will extend all courtesies to the members of the panel and their "convenience" will be kept in mind while holding meetings. The shortlisted names for CBI director's post will be sent in advance to the members as has been the practice.
Referring to difference in languages used in CVC, RTI and Lokpal Act in referring to representative of the opposition, Jaitley said in one of the legislations it has been mentioned as Leader of the Group or leader of single largest party.
"Is it same as political party. If Trinamool and AIADMK join hands then (happens)?," he said jokingly and added, "We already have Acts which are inconsistent."
He said it may a drafting error.
