Central Vigilance Commission

Central Vigilance Commission is a premier anti-corruption body in India, studied under the subject Indian Polity. It was established in 1964 on the recommendations of the “Santhanam Committee” to oversee vigilance administration and curb corruption in government institutions. The commission functions as an independent authority, ensuring transparency, integrity, and accountability in public administration.

Central Vigilance Commission: Formation, Composition and Function

Formation and background
  • Formed in: 1964
  • Basis of formation: An executive resolution passed by the Central Government.
  • Recommending Committee: Santhanam Committee (1962-64), aimed at preventing administrative corruption
  • CVC is not under any Ministry/Department of the Government of India.
  • It is an autonomous body which is answerable only to the Parliament.
  • CVC does not conduct any investigation on its own.
  • To check this:
    • gives directions to the CBI (Central Bureau of Investigation), or
    • Gets the matter investigated in government offices through Chief Vigilance Officers (CVOs).
  • The Central Bureau of Investigation (CBI) was established on April 1, 1963, by a resolution of the Ministry of Home Affairs, based on the recommendations of the Santhanam Committee on Prevention of Corruption.
Statutory Status:
  • Initially, the CVC was neither a constitutional nor a statutory body.
  • The CVC was given statutory status by the CVC Act, 2003.
  • This Act came into force on 11 September 2003.
Vision:
  • To ensure good governance and combat corruption by promoting the values โ€‹โ€‹of ethics and integrity to promote a transparent and accountable system of public administration, to address the concerns and fulfil the aspirations of the citizens of India.
Freedom:
  • The CVC has been established as an independent agency that is not under any executive control.
Whistle-blower protection (2004):
  • In 2004, the CVC was authorised to receive and act on complaints from whistleblowers under the “Public Interest Disclosure and Protection of Informers (PIDPI) Act”.
  • Its purpose was to enable any person to complain confidentially about corruption or misuse of power.
  • The Commission also has the power to deal with deliberately malicious complaints on its own.

Leading role:

  • The Central Vigilance Commission is considered the apex vigilance body.
  • It monitors the vigilance activities of all departments, ministries, public sector undertakings and autonomous bodies of the Central Government.
Structure
  • Nature of the organisation:
    • CVC is a multi-member body.
    • It consists of the following officers:
      • A Chief Vigilance Commissioner โ€“ as Chairman
      • Maximum of two Vigilance Commissioners (Members)
  • Appointment Process:
    • They are appointed by the President.
    • The President makes the appointment on the recommendation of a three-member committee consisting of:
      • Prime Minister (Chairman)
      • Leader of the Opposition in the Lok Sabha
      • Union Home Minister
  • Tenure and Restrictions:
    • Tenure: 4 years or till the age of 65 years, whichever is earlier.
    • After the expiry of the term:
      • They are considered ineligible for any post in the Central or State Government.
  • Procedure for removal from office:
    • The President may remove a Commissioner from office under the following circumstances:
      • To be declared insolvent.
      • Being convicted of a crime on the grounds of characterlessness.
      • Acceptance of any office of profit during the term of office.
      • Mental or physical incapacity (in the opinion of the President).
      • Taking any financial benefit which may affect the work of the Commission.
    • In serious cases (misconduct or incompetence):
      • The President has to refer the matter to the Supreme Court.
      • If, after investigation, the court finds the allegations to be true, the President can remove him from the post.
    • Definition of โ€œmisconductโ€:
      • If a member:
        • is engaged in any contract or work of the Central Government, or
        • Participates in the profits arising from such contracts.
    • Voluntary Resignation: The Vigilance Commissioner can also resign on his/her own by writing to the President.
  • Salary and Service Conditions:
    • The service conditions and salary of the Central Vigilance Commissioner are the same as those of the Chairman of the Union Public Service Commission (UPSC).
    • The service conditions and salaries of Vigilance Commissioners are the same as those of the members of UPSC
    • No adverse changes can be made in these after the appointment.

The CVC (Amendment) Bill, 2021

  • 2021 Amendment:
    • Some important changes were made through the “Central Vigilance Commission (Amendment) Bill, 2021”.
    • This amendment revised the guidelines issued by the CVC regarding the transfer and posting of officers working in vigilance units of government organisations.
  • Term Limit:
    • Now the maximum tenure of any officer at one place has been limited to 3 years.
    • This arrangement has been made to ensure bureaucratic transparency and accountability.

Organizational Structure

Main Components:

  • There are three major units under the CVC:
    • Secretariat
    • Chief Technical Examiner Branch (CTE Branch)
    • Commissioner for Departmental Inquiries (CDI Branch)
Secretariat:
  • It is the administrative wing of the CVC.
  • It employs the following staff:
    • a secretary 
    • Joint Secretary 
    • Deputy Secretary 
    • Upper Secretary 
    • Office Assistant
Chief Technical Examiner Branch (CTE Branch):
  • This is the technical wing of the Commission.
  • Its heads are:
    • Chief Engineer โ€“ called Chief Technical Examiner (CTE).
    • Assistant engineer staff also work under them.
  • Main functions of the CTE branch:
    • Technical audit of government construction works โ€“ from a vigilance angle.
    • Investigation of construction-related complaints in specific cases.
    • To assist the CBI in investigating technical matters such as:
      • Expertise in technical matter
      • Assistance in the valuation of properties in Delhi
  • To provide advice/assistance to CVC and Chief Vigilance Officers (CVOs) on technical matters.
  • Commissioners for Departmental Inquiries (CDI):
    • These are investigating officers.
    • Work : To conduct oral hearings and inquire into departmental proceedings against public servants.

Main functions and powers

The following are the powers and functions of the Central Vigilance Commission under the Vigilance Commission Act, 2003.

  1. To conduct an inquiry against any employee under the Prevention of Corruption Act, 1988, on the instructions of the Central Government.
  2. The CVC is empowered to receive information on suspicious transactions or activities under the Prevention of Money Laundering Act, 2002 (PMLA).
  3. The CVC has powers like a civil court:
    • calling witnesses,
    • forcing the production of documents,
    • Taking evidence on oath, etc.
      • Its character is considered quasi-judicial.
  4. Inquiry into complaints against the following categories of officers:
    • Group ‘A’ officers of the Government of India.
    • Officers of All India Services.
    • Officers of the specified level of Central Government authorities.
  5. Monitoring the investigation and functioning of corruption cases of CBI (Delhi Special Police Establishment).
  6. To give directions to the CBI in matters related to corruption.
  7. To review the investigations conducted by the CBI.
  8. To review pending cases referred to the authorities for prosecution.
  9. To advise the Central Government and the authorities under it on vigilance matters.
  10. To monitor the vigilance administration of the ministries and departments of the Central Government.
  11. To investigate complaints related to whistleblower and informant protection.
  12. To advise the Central Government in making rules in matters relating to vigilance and discipline.
  13. To be a member of the selection committee for the appointment of the Director and senior officers of the Enforcement Directorate (ED).
  14. Privilege to receive information on suspicious transactions under the Prevention of Money Laundering Act, 2002.

Changes after the Lokpal Act 2013

  • Role in appointments
    • Appointment in CBI:
      • The Central Vigilance Commissioner is the Chairman of the Committee.
      • On the recommendations of the committee, the Central Government appoints officers of the level of Superintendent of Police and above in the CBI.
      • Except the Director of CBI
    • Appointment in ED (Enforcement Directorate):
      • Chairman of the Central Vigilance Commissioner Committee
      • The Central Government appoints officers to posts above the level of Deputy Director on the recommendations of the Committee.
    • To conduct a preliminary inquiry into cases referred by the Lokpal:
      • The reports of Groups A and B are sent to the Lokpal.
      • The CVC itself conducts further investigations in Groups C and D and recommends action against officers found guilty.
Workspace
  1. Members of All India Services and Group ‘A’ officers belonging to the Central Government.
  2. Officers above Scale-5 in Public Sector Banks.
  3. Officers in Grade D and above in RBI, NABARD, and SIDBI.
  4. Chief Executives, Executives on the Board of Government Undertakings and Officers in the rank of E-8/E-7 or above.
  5. Managers and above in general insurance companies.
  6. Senior Divisional Manager and above in LIC.
  7. Officers drawing pay of โ‚น8700 per month (revised pay scale) or more and working under societies/local authorities controlled by the Central Government.
Modus operandi
  1. The Commission is headquartered in New Delhi, and all its functions are conducted from here.
  2. It conducts its proceedings with a judicial character and has the powers of a civil court.
  3. It can call for information or reports from the Central Government or its authorities.
  4. On receiving the investigation report from any investigating agency, the Commission advises the concerned ministry or department on action.
  5. If the government disagrees with the advice of the Commission, it has to give reasons to the Commission in writing.
  6. The Commission submits its annual report to the President every year, which is presented to the Parliament.
Vigilance Units in Ministries
  1. Chief Vigilance Officer (CVO):
    • There is a Chief Vigilance Officer (CVO) in every Ministry/Department.
    • This officer heads the Vigilance Division of the Ministry.
  2. Role and Responsibilities:
    • To advise the Secretary and Head of Department on vigilance matters.
    • To act as a liaison between the concerned institution, CBI and CVC.
  3. Main functions:
    • To collect information on corrupt practices committed by employees
    • To investigate/investigate verifiable allegations.
    • Preparation of investigation reports for disciplinary action.
    • Referring cases to CVC, if required.

Limitations of CVC

  1. Advisory body only
  2. Lack of authority to file a criminal case
  3. limited investigative powers
  4. Lack of resources
  5. Dependence on CBI or CVOs
  6. There is no obligation to follow the advice
  7. Powers only in vigilance or disciplinary cases

The Whistle Blower Protection Bill, 2011

Background:

  • On August 26, 2010, the Central Government introduced the “Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010” in the Lok Sabha.
  • The purpose of this bill was to provide legal protection to those who expose government corruption and abuse of privileges.
  • The Bill was referred to a Standing Committee of Parliament, based on whose recommendations the Government amended it on 13 December 2011 and renamed it “The Whistle Blowers Protection Bill, 2011”.
  • The Lok Sabha passed it on 27 December 2011, but it remained unpassed in the Rajya Sabha despite being on the discussion list in various sessions of 2011, 2012 and 2013.
  • The bill was finally passed by the Rajya Sabha on 21 February 2014 and came into force as the Whistle Blowers’ Protection Act, 2014 with the President’s assent on 9 May 2014.

Key Features:

  • Privacy protection: The Act provides for the protection of the identity of whistleblowers so that they are not subjected to harassment or threats.
  • Provision for disclosure in public interest: Any person can expose corruption or misuse of power by government servants in public interest, even if he is a minister.
  • Authorised body: Such disclosures can be made before the Central Vigilance Commission (CVC) or any other competent body notified by the Government.
  • Penalty for malicious complaint: If a complaint is found to be false or motivated by malice, the complainant can be punished with imprisonment up to 2 years and a fine up to โ‚น30,000.
  • Pledge of Fidelity: The person making the complaint has to declare that the information is correct and authentic, and has been given after satisfying himself.
  • Process:
    • Disclosure may be made in writing or via email.
    • This process should be done as per the prescribed norms with complete information and authentic documents.
  • No action taken on anonymous complaints:If a complainant does not identify himself or her or his identity cannot be verified, no action will be taken on that complaint.
  • National Security Exception:The Act does not apply to national security, Jammu and Kashmir, the armed forces, the security forces of the Prime Minister, and the security forces of former Prime Ministers.

Important Facts

List of Central Vigilance Commissioners

  1. Shri N. S. Rau – 19 February 1964 to 23 August 1968 (First)
  2. Mr. S. Dutt
  3. Mr. B. K. Acharya
  4. Mr. M. G. Pimputkar
  5. Mr. Ram Krishna Trivedi
  6. Mr. R. P. Khanna
  7. Mr. U. C. Agarwal
  8. Mr. C. G. Somaiya
  9. Mr. T. U. Vijayasekharan
  10. Mr. S. V. Giri
  11. Mr. N. Vital
  12. Mr. P. Shankar
  13. Mr. Pratyush Sinha
  14. Shri P.J. Thomas
    • The Chief Vigilance Commissioner (CVC) was appointed in September 2010 on the recommendation of the High Powered Committee (HPC) headed by the Prime Minister.
    • His appointment was mired in controversy as cases related to the Palmolein scam were pending against him.
    • This appointment was challenged in the Supreme Court.
    • On March 3, 2011, the Supreme Court declared his appointment illegal and cancelled it.
    • After this, he resigned from the post.
  15. Shri Pradeep Kumar
  16. Shri Rajiv
  17. Shri K. V. Choudhary
  18. Shri Sharad Kumar
  19. Shri Sanjay Kothari
  20. Shri Suresh N. Pate
  21. Shri Praveen Kumar Srivastava โ€“ present (from 29.05.2023)
List of other Vigilance Commissioners
  1. Shri V.S. Mathur โ€“ 16/03/1999 to 15/03/2002  (First)
  2. Mr. H. J. Dora
  3. Mr. Janki Ballabh
  4. Mr. Sudip Kumar
  5. Mrs. Ranjana Kumar
  6. Mr. R. Srikumar
  7. Mr. J. M. Garg
  8. Mr. Rajeev (1st term)
  9. Mr. Rajeev (2nd term)
  10. Dr. Tejendra Mohan Bhasin
  11. Mr. Sharad Kumar
  12. Mr. Suresh N. Patel
  13. Mr. Arvind Kumar โ€“ 03/08/2022 to 29/09/2024
  14. Mr. A. S. Rajeev โ€“ Present

Currently –

  1. Shri Praveen Kumar Srivastava (Central Vigilance Commissioner) (from 29.05.2023)
  2. Shri A.S. Rajeev (Vigilance Commissioner)

Leave a Reply

Your email address will not be published. Required fields are marked *

error: Content is protected !!
Fill this form for free Notes ×
POPUP leads
Scroll to Top
Telegram WhatsApp Chat