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Supreme Court of India 2023-07-11 partly_allowed

DR. JAYA THAKUR vs UNION OF INDIA & ORS

Bench: 3 — B.R. Gavai, Vikram Nath, Sanjay Karol

In Brief

The Supreme Court examined challenges to amendments allowing extensions of tenure for Directors of CBI and ED beyond fixed two-year periods. While upholding the constitutional validity of the 2021 amendments—as they maintain institutional safeguards through independent committees and do not violate fundamental rights—the Court found that extension orders dated 17 November 2021 and 2022 granted to the ED Director violated a binding mandamus from Common Cause (2021) prohibiting further extensions. The Court held that legislative acts cannot nullify inter partes mandamus, though it permitted the incumbent to continue until 31 July 2023 for administrative continuity and FATF review considerations.

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Constitutional Law Administrative Law Separation of Powers Judicial Review Independence of Institutions Rule of Law Mandamus Legislative Override

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