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Supreme Court of India 2019-01-08 allowed

COMMON CAUSE (REGISTERED SOCIETY) vs UNION OF INDIA

Bench: 3 — Ranjan Gogoi, Sanjay Kishan Kaul, K.M. Joseph

In Brief

The Supreme Court set aside orders of the Central Vigilance Commission and the Government of India that divested CBI Director Alok Kumar Verma of his powers and duties. The Court held that any divestment of the Director's powers, functions, or duties requires prior consent of the Committee constituted under Section 4A(1) of the DSPE Act, 1946. The Court interpreted 'transfer' in Section 4B(2) broadly to include any divestment of authority, not just positional changes. This reflects the legislature's intent to insulate the CBI Director from extraneous interference and protect institutional independence. The Committee was directed to meet within a week to consider the matter afresh, while the Director was restrained from major policy decisions pending the Committee's decision."

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Administrative Law Separation of Powers CBI Independence Institutional Autonomy Rule of Law Constitutional Governance Writ Jurisdiction

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