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    Question

    A senior IPS officer, X, is being considered for

    appointment as Director of the Delhi Special Police Establishment (CBI). The Committee under Section 4A is short of one Member because the recognised Leader of Opposition post is vacant and the largest Opposition party has not nominated anyone. The Committee nonetheless recommends X, and the Central Government appoints him. X’s appointment is challenged as invalid for want of a full Committee. What is the correct legal position under the DSPE Act?
    A Appointment is invalid because the Committee must be complete in all circumstances Correct Answer Incorrect Answer
    B Appointment is invalid unless ratified by Parliament Correct Answer Incorrect Answer
    C Appointment is valid because Section 4A(2) saves appointments despite vacancy or absence of a Member in the Committee Correct Answer Incorrect Answer
    D Appointment is invalid unless approved by the President separately Correct Answer Incorrect Answer
    E Appointment is invalid because the Chief Justice of India must personally sit in all meetings Correct Answer Incorrect Answer

    Solution

    Section 4A(2) explicitly declares that “No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee,” thereby validating the appointment despite the missing Member.​

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