NEW DELHI, Nov 26: A bill to amend a law on appointment of CBI chief was passed in the Lok Sabha today amid stiff resistance with Congress alleging that it was aimed at keeping the largest opposition party out of the selection process, a charge denied by the government.
Minister of State for Personnel Jitendra Singh, while moving the Delhi Special Police Establishment (Amendment) Bill, 2014, for consideration, insisted that there was “no ulterior motive” and the amendment was aimed only to “smoothen” the process of selecting the CBI Director.
The bill 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.
The amendment bill also provides that “No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a member in the committee.”
The bill was passed by voice vote but not before a division of votes on its consideration as well as an amendment moved by BJD member Tathagat Satpathy, which was rejected.
Leader of Congress Mallikarjun Kharge made a strong plea to the government to withdraw the measure even at this late stage and bring forward a comprehensive amendment. He was supported by BJD members Tathagat Satpathy and Bhartruhari Mahtab.
He alleged that the amendments have been brought by the government deliberately in order to “humiliate” the opposition. (MORE) PTI AKK SPG
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“The bill has been brought exclusively to keep out the single largest opposition party,” Kharge said, adding that since the Prime Minister and Chief Justice of India are the only other two members, it is believed that absence will arise only of the opposition leader and they can go ahead with the appointment.
“If that is the intention, that is not good. Purposely it has been done…We are ready to be beheaded, but we will not bend (Sar kat jayega, per zukanewale nahi). Our opposition is valid. It poses a big danger. It is a double edged sword,” he said.
His contention was countered by Parliamentary Affairs Minister M Venkaiah Naidu who remarked that no one was going to be beheaded.
“It is the job of the people whether or not to strengthen the opposition. We have brought forward the amendments taking into consideration the spirit of democracy,” he said.
In lighter comments, he said that there was no question of Kharge being absent as he is in Parliament before it assembles for the day and leaves only after it is adjourned for the day.
“But the government refused and remained stubborn. Such
attitude only happens in a dictatorship and not in democracy,” Moily said, while maintaining that laws should be universal and not brought in to meet contingencies.
The Congress leader also wanted the government to explain how it had mentioned that the amendment was based on “legislative practice” and challenged it to show “even one such previous instance” in Parliament’s history.
“Are we ready to create such precedents? It will have far-reaching ramifications in the functioning of democratic institutions,” he said, adding “this will be a ‘black day’ in the history of Parliament if we pass the bill.”
Observing that various institutions were at loggerheads and the government was “just enjoying without taking any action,” Moily said “CVC versus CBI, Supreme Court versus CBI, CBI versus CBI. Where are we going?”
He said the apex court had questioned the credibility of CBI as an institution and “there is no response from the government. …. CBI chief himself made an allegation against the Attorney General … This never happens. You should have asked him to go on leave. Something has to be done urgently to restore credibility of CBI chief’s office.” (PTI)