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Journalism of Courage
NEW DELHI, MARCH 26: The Union Government is poised to regain control over the Central Bureau of Investigation (CBI) and the Enforcement Directorate, despite its decision to issue an executive resolution to ensure that the Central Vigilance Commission (CVC) remains in place even after the expiry of the ordinance instituting it.
The CVC ordinance lapses on April 5, and with it ends the three-member body’s effective control over the CBI and the ED till the time the Rajya Sabha passes the CVC Bill after it reassembles on April 12.
The decision to pass the executive resolution, according to Information and Broadcasting Minister Pramod Mahajan, will enable the Government to overcome the problem caused by the failure of the Rajya Sabha to pass the CVC Bill after it was passed by the Lok Sabha on March 15.
Despite the executive order, the Commission will remain bereft of statutory powers. “It can reassume these powers only after the Rajya Sabha passes the Bill,” Mahajan pointed out.
The Union Cabinet, saidMahajan, took the decision only after obtaining legal advice from Attorney General Soli Sorabjee and the additional solicitor general.
While the CVC will continue to function on the same terms, conditions, powers and restrictions stipulated under the Bill, it will, however, not have statutory powers till the two Houses of Parliament ratify it, he said.“This was the best solution available,” Mahajan observed.
He added that the Union Government had examined various options, including one for reconvening the Rajya Sabha for the purpose and proroguing one of the Houses for repromulgating the ordinance.
“Had the CVC lapsed, it would have created problems,” he said, adding, “Its members would then have to be replaced since the law prevents them from holding more then one term.”
The ordinance was promulgated on August 25, 1998 to confer statutory status on the Commission. Following a Supreme Court order, the ordinance was amended and repromulgated in October last.
The Bill was passed in the Lok Sabhaon March 15 and was listed to be taken up in Rajya Sabha but this was not possible as the Opposition stalled its proceedings for three consecutive days in support of their demand for a joint parliamentary committee probe into the Bhagwat affair.
Meanwhile, the Union Cabinet, by another decision, today decided to allow various government ministries and departments to incur expenditures as proposed in the supplementary demands for grants and relevant appropriation bills passed by the Lok Sabha on March 17, mainly to ensure the payment of salaries to government staff.
“These expenditures will be treated as excess expenditures and would be regularised as excess demand for grants when Parliament is reconvened after a three-week recess on April 12,” Mahajan announced.
