Now, a three-member collegium needs to choose the CBI chief.
The Centre has decided on going ahead with only two amendments to the Delhi Special Police Establishment Act, which affects the Central Bureau of Investigation. Its cabinet note sent in this regard had contained other amendments aimed at curtailing certain administrative powers of the CBI Director.
As reported by NDTV earlier, the first amendment will make it possible for a leader of the largest opposition party to join the collegium that will choose the CBI chief. The second will allow the selection of the CBI director by the collegium in case of a vacancy or temporary absence of a member.
The choosing of the CBI director by a collegium became the norm after the enactment of the Lokpal Act. The collegium is to have three members - the Prime Minister, the Leader of the Opposition and the Chief Justice of India or his nominee.
With current CBI Director Ranjit Sinha retiring by the first week of December, the amendment became necessary, since there is no Leader of the Opposition at present.
The government was keen to go ahead with the appointment without the Leader of the Opposition, which, the law ministry said was technically possible. But it was advised not to act in haste, since it could raise uncomfortable questions.
The government's decision to not pursue the other amendments stems from the resistance it would have faced from the Opposition parties. Also given its lack of majority in Rajya Sabha, it would have lacked support to pass such a bill.
The amendments in question involved diluting some of the current rules and having the government take administrative control over the Director of Prosecution. The government wanted the Director of Prosecution - who decides whether a case is fit for criminal prosecution - to be independent of the CBI Director. It was thus suggested that the post be downgraded to that of a joint-secretary level officer.