Central Vigilance Commission (CVC): Mission, Composition & Tenure

March 22, 2024 1966 0

Introduction

It is the main agency for preventing corruption in the Central government. It was established in 1964 by an executive resolution of the Central government. It was recommended by the Santhanam Committee on Prevention of Corruption  (1962-64). Later, it was conferred statutory status by the Central Vigilance Commission Act, 2003 (CVC Act, 2003).

Vision of Central Vigilance Commission (CVC) To ensure good governance and combat corruption by promoting the values of ethics and integrity to foster transparent and accountable systems of public administration that addresses the concerns and aspirations of the citizens of India.
Mission
  • Creation of a credible deterrence against corruption through strict and prompt enforcement of anti-corruption laws and regulations.
  • Undertaking effective preventive measures to minimise the scope for corruption.
  • Raising public awareness to inculcate ethical values and reduce society’s tolerance for corruption.
  • Encouraging the participation of citizens, civil society and all stakeholders in the fight against corruption.
  • Continuously enhancing the standards of vigilance administration by strengthening the institutional and regulatory frame-work, and developing the human resource.
  • Promoting international cooperation in anti-corruption for effective enforcement; sharing of information, exchange of global best practices and capacity building of personnel.
Composition Multi Member body consisting of Central Vigilance Commissioners and other Vigilance Commissioners (Not more than 2).
Appointment By President on the recommendation of the Selection Committee (3 Members): PM, Leader of Opposition (LS) and Union Home Minister.
Term 4 Years or the age of 65 years, whichever is earlier. Not eligible for further appointment under State or Central Government.
Salary and Allowances Similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC. They cannot be varied to his/her disadvantage after his/ her appointment.
Removal
  • The President can also remove the Central Vigilance Commissioner or any vigilance commissioner from office under the following circumstances:
    • Adjudged insolvent.
    • Convicted of an offence, which, in the opinion of the President, involves moral turpitude.
    • Engages in paid employment outside the duties of the office during the term.
    • Deemed unfit to continue in office due to infirmity of mind or body, as per the President’s opinion.
    • Acquires financial or other interests likely to adversely affect official functions.
  • The President can also remove them for proved misbehaviour or incapacity. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the SC, after the enquiry, upholds the cause of removal and advises so, the president can remove them.
Organisation The Central Vigilance Commission (CVC) has its own Secretariat, the Chief Technical Examiners Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDls).
Jurisdiction
  • Members of All India Services: Serving in connection with the affairs of the Union and Group A officers of the Central Government.
  • Scale V and Above: Officers of the rank of Scale V and above in the Public Sector Banks
  • Grade D and Above: Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
  • E-8 and Above: Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings; 
  • E-7 and Above: Chief Executives and Executives on the Board and other officers of E7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings; 
  • Managers and Above: in General Insurance Companies; Senior Divisional Managers and above in Life Insurance Corporation; Officers drawing salary of Rs 8700 per month (pre-revised) and above on Central Government D.A. pattern, as may be revised from time to time, in societies and local authorities owned or controlled by the Central Government.

Working of Central Vigilance Commission (CVC)

  • Annual Report: Central Vigilance Commission (CVC) has to present annually to the President a report on its performance. The President places this report before each House of Parliament.
  • Power of Civil Court: Power to regulate its own procedure. The powers of a civil court and its proceedings have a judicial character.
  • Advisory Functions: The Central Vigilance Commission (CVC) advises the Central government on actions to be taken based on inquiry reports from agencies. 
    • The government must consider the advice, but if it disagrees, it must provide written reasons to the CVC.

Functions of Central Vigilance Commission (CVC)

  • Inquiry or Investigation Initiation: To initiate an inquiry or conduct an investigation based on a referral from the Central government, where there are allegations against a public servant employed by the Central Government or its authorities, for having committed an offence under the Prevention of Corruption Act, 1988.
  • Prevention of Corruption Act Investigations: To exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.
  • Review of Pending Prosecution: To review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
  • Consultation Requirement With Central Vigilance Commission (CVC): The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All India Services.
  • Role as Whistleblower Agency: The CVC has been designated as the agency to receive and act on complaints or disclosure on any allegation of corruption or misuse of office from whistleblowers under the “Public Interest Disclosure and Protection of Informers’ Resolution” (PlOPI), 2004, which is popularly known as “WhistleBlowers” Resolution.
  • Motivated or Vexatious Complaints: The CVC is also empowered as the only designated agency to take action against complainants making motivated or vexatious complaints.

WHISTLEBLOWERS PROTECTION ACT (2014)

  • The Act provides a mechanism for protecting the identity of whistle-blowers. People who expose corruption in Government or irregularities by public functionaries can now be free of any fear of victimization.
  • The Act lays down a punishment of up to two years in prison and a fine of up to Rs. 30,000 for false or frivolous complaints.
  • No action shall be taken on a disclosure if it does not indicate the identity of the complainant or public servant or if “the identity of the complainant or public servant is found to be incorrect.”

 

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Conclusion

  • The Central Vigilance Commission (CVC) serves as a crucial institution in India’s fight against corruption and maladministration
  • Empowered to receive complaints, investigate allegations, and ensure accountability, the CVC plays a pivotal role in promoting integrity and transparency within government institutions. 
  • Through its oversight, vigilance, and whistleblower protection mechanisms, the CVC contributes significantly to upholding the principles of good governance and strengthening public trust in the administration.
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