Central Vigilance Commission (CVC): Upholding Integrity and Combating Corruption in India- (Part 01)

The Central Vigilance Commission (CVC) is a pivotal institution in India dedicated to combating corruption and ensuring transparent governance. As an independent body, the CVC is entrusted with the task of preventing and investigating corruption within the country’s central government agencies. It plays a significant role in promoting integrity and accountability in the public sector, contributing to ethical governance. The CVC collaborates with anti-corruption agencies to address malfeasance and uphold the rule of law, making it a vital component of India’s governance framework.

Central Vigilance Commission (CVC)

Evolution of Central Vigilance Commission (CVC)

• Establishment of CVC: The Central Vigilance Commission (CVC) was established in 1964 by an executive resolution of the Central government.

• Recommendation by Santhanam Committee: The establishment of the CVC was recommended by the Santhanam Committee on Prevention of Corruption I (1962-64).

• • Initial Status: Originally, the CVC was neither a constitutional body nor a statutory body.

• Statutory Recognition: The CVC was conferred with statutory status by the Central Vigilance Commission Act, 2003 (CVC Act, 2003).

Composition and Appointment    

• Multi-Member Body: The CVC is a multi-member body, consisting of a Central Vigilance Commissioner as the chairperson and not more than two Vigilance Commissioners.

• Appointment Process: The President appoints the Central Vigilance Commissioner and vigilance commissioners through warrant under his hand and seal.

• • • The appointment is based on the recommendation of a three-member committee comprising of the Prime Minister as its Chairperson, the Union Minister of Home Affairs and the Leader of the Opposition in the Lok Sabha as its members.

• Term and Age Limit: The CVC members hold office for a term of four years or till they attain the age of sixty-five, whichever comes earlier.

• Post-Tenure Employment: After the completion of their tenure in the CVC, the members are not eligible for further employment under the Central or state government.

Removal of CVC and Vigilance Commissioners

• Grounds for Removal: The President can remove the Central Vigilance Commissioner or any Vigilance Commissioner on the pretext of being:

• • • declared insolvent.
    • convicted of an offense involving moral turpitude.
    • engaged in paid employment outside their official duties during their term in office.
    • deemed unfit by the President due to mental or physical infirmity.
    • acquiring financial or other interests likely to affect their official functions.

• Proven Misbehavior or Incapacity:

• • • The President can also remove the Central Vigilance Commissioner or a Vigilance Commissioner based on proven misbehavior or incapacity. In such cases, the matter is referred to the Supreme Court for an inquiry.

• Supreme Court Inquiry:

• • • • On conducting an inquiry, if the Supreme Court upholds the cause of removal and advises so, the President can proceed with the removal. 
      • Grounds for proven misbehavior include involvement or interest in government contracts and agreements, as well as their profits or benefits.

• Salary and Allowances: The salary, allowances, and other conditions of service of the Central Vigilance Commissioner are at par with those of the Chairman of the Union Public Service Commission (UPSC).

• • • The vigilance commissioner’s compensation is comparable to that of a member of the UPSC.

• Protection from Detrimental Changes:

• • Their terms and conditions of service  cannot be altered to their disadvantage after their appointment.

Functional Divisions

The CVC operates with its own Secretariat, consisting of various administrative roles:

• • Secretary
  • Joint Secretaries
  • Deputy Secretaries
  • Under Secretaries
  • Office staff

• Chief Technical Examiners’ Wing (CTE): The Chief Technical Examiners’ Organization serves as the technical wing of the CVC, comprising Chief Engineers designated as Chief Technical Examiners and supporting engineering staff.

• Primary functions of the CTE include:

• • • Conducting technical audits of construction works carried out by government organizations from a vigilance perspective.
    • Investigating specific complaints related to construction projects.
    • Providing assistance to the Central Bureau of Investigation (CBI) in their investigations involving technical aspects and property evaluation in Delhi.
    • Offering advice and support to the CVC and Chief Vigilance Officers in vigilance cases where technical matters are involved.

• Commissioners for Departmental Inquiries (CDIs): The CDIs serve as Inquiry Officers responsible for conducting oral inquiries during departmental proceedings initiated against public servants. These inquiries are conducted to determine whether disciplinary action is warranted.

Functions of the Central Vigilance Commission (CVC)

• Main Anti-Corruption Agency: The CVC serves as the primary agency for preventing and addressing corruption within the Central government.

• Receiving Complaints and Whistleblower Protection: The CVC is designated as the agency to receive and act on complaints or disclosures regarding allegations of corruption or misuse of office. 

• This is facilitated under the “Public Interest Disclosure and Protection of Informers’ Resolution” (popularly known as “WhistleBlowers” Resolution) of 2004.

• Action Against Motivated Complaints: The CVC is empowered as the sole designated agency to take action against complainants who make motivated or vexatious complaints.

• Apex Vigilance Institution: The CVC is considered the apex vigilance institution, independent of executive control, overseeing all vigilance activities within the Central Government.

• Inquiry into Offenses Under Prevention of Corruption Act, 1988: The CVC has the authority to conduct or initiate inquiries and investigations into cases where it is alleged that a public servant, who is an employee of the Central government or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.

• Inquiry into Complaints Against Specific Officials: The CVC can also conduct or initiate inquiries and investigations based on complaints against officials falling into the following categories, alleging offenses under the Prevention of Corruption Act, 1988:

• • • Members of All India Services serving in the Union.
    • Group ‘A’ officers of the Central government.
    • Specified level of officers within the authority of the Central government.

• Supervision of Delhi Special Police Establishment (CBI):

• • • The CVC exercises supervisory authority over the functioning of the Delhi Special Police Establishment (CBI) concerning the investigation of offenses under the Prevention of Corruption Act, 1988. 

• Directives to Delhi Special Police Establishment (CBI): The CVC can issue directions to the Delhi Special Police Establishment (CBI) in matters related to the investigation of offenses under the Prevention of Corruption Act, 1988.

• Review of Investigations: The CVC reviews the progress of investigations conducted by the Delhi Special Police Establishment into alleged offenses under the Prevention of Corruption Act, 1988.

• Review of Prosecution Sanction Applications: The CVC reviews the progress of applications awaiting sanction of prosecution under the Prevention of Corruption Act, 1988, with competent authorities.

• Advisory Role: The CVC provides advice and recommendations to the Central government and its authorities on matters referred to it.

• Supervision of Vigilance Administration: The CVC exercises superintendence over the vigilance administration within the ministries of the Central government and its authorities.

• Inquiry into Public Interest Disclosure Complaints: The CVC is responsible for conducting or causing inquiries into complaints received under the Public Interest Disclosure and Protection of Informers’ Resolution, and it recommends appropriate actions.

• Consultation on Rules and Regulations: The Central Government is required to consult the CVC when formulating rules and regulations governing vigilance and disciplinary matters related to members of Central Services and All India Services.

Conclusion

The Central Vigilance Commission (CVC) stands as a critical pillar in India’s fight against corruption, ensuring transparency and accountability within the public sector. 

• Through its comprehensive structure, statutory powers, and collaborative efforts with other agencies, the CVC plays a pivotal role in maintaining ethical governance. 
• The amendments and evolving functions of the CVC reflect its ongoing commitment to upholding the rule of law and fostering a corruption-free environment in India

DOWNLOAD PDF