COMMON CAUSE vs UNION OF INDIA

The Supreme Court addressed the legality of Shri Rakesh Asthana's appointment as Special Director of the CBI, asserting that such appointments must adhere to the procedures established in Vineet Narain v. Union of India (1998) 1 SCC 226 and the amendments made to the Delhi Special Police Establishment Act, 1946 by the Central Vigilance Commission Act, 2003 and the Lokpal and Lokayuktas Act, 2013. The Court emphasized that the appointment process must maintain institutional integrity and follow the recommendations of the Central Vigilance Commissioner and other officials. The Court ultimately held that the appointment was made in violation of these statutory provisions, thereby rendering it illegal and arbitrary.