Central Vigilance Commission

About

The Central Vigilance Commission (CVC) is a statutory and independent body established to prevent corruption, promote integrity, and exercise vigilance over the functioning of Central Government organizations. It supervises vigilance administration and advises the Central Government on matters relating to corruption involving public servants. It was given statutory status under the Central Vigilance Commission Act, 2003.

Evolution

• The Santhanam Committee on Prevention of Corruption (1962–64) recommended the establishment of an independent vigilance body.
• The Central Vigilance Commission was initially established by a Government Resolution on 11 February 1964.
• Following the Vineet Narain v. Union of India (1997) judgment, the Supreme Court directed the Government to confer statutory status on the Commission.
• Parliament enacted the Central Vigilance Commission Act, 2003, giving the Commission statutory status.
• The Lokpal and Lokayuktas Act, 2013 further expanded the supervisory role of the CVC over investigations involving corruption.

Statutory Provisions

The Central Vigilance Commission is established under the Central Vigilance Commission Act, 2003.

Composition of the CVC

• The Central Vigilance Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners.
• The Central Vigilance Commissioner and Vigilance Commissioners are appointed by the President of India.
• They are persons of impeccable integrity and experience in vigilance, administration, policy-making, finance, law, investigation, or anti-corruption matters.
• The Commission functions as an independent statutory body, free from executive interference in the discharge of its duties.
• The Commission is assisted by a Secretary, Chief Technical Examiners’ Organisation (CTEO), and Departmental Inquiry Commissioners (DIs).

Appointment Committee

The Central Vigilance Commissioner and Vigilance Commissioners are appointed by the President of India on the recommendation of a committee consisting of:

• Prime Minister – Chairperson
• Union Home Minister
• Leader of the Opposition in the Lok Sabha

Tenure

• The Central Vigilance Commissioner and Vigilance Commissioners hold office for four years or until attaining the age of 65 years, whichever is earlier.
• They are not eligible for further employment under the Central or State Governments after demitting office.
• They may resign by addressing their resignation to the President of India.

Conditions for Removal

• The President of India may remove the Central Vigilance Commissioner or a Vigilance Commissioner on the ground of proved misbehavior or incapacity, after an inquiry conducted by the Supreme Court.
• The President may suspend the concerned Commissioner during the pendency of the Supreme Court inquiry.
• The President may also remove a Commissioner if he is adjudged insolvent.
• A Commissioner may be removed if he engages in paid employment outside the duties of the office.
• Removal is also permitted if the Commissioner is declared to be of unsound mind by a competent court.
• A Commissioner may also be removed if convicted of an offence involving moral turpitude or acquires financial or other interests likely to prejudicially affect official functions.

Functions of the CVC

• Advises the Central Government and its organizations on vigilance and anti-corruption matters.
• Exercises superintendence over the vigilance administration of Central Government Ministries, Departments, Public Sector Undertakings, Public Sector Banks, Insurance Companies, and Autonomous Bodies.
• Supervises investigations conducted by the Delhi Special Police Establishment (CBI) relating to offences under the Prevention of Corruption Act, 1988.
• Inquires or causes inquiries into complaints received against Central Government officials.
• Examines procedures and systems to identify corruption-prone areas.
• Exercises powers entrusted under the Lokpal and Lokayuktas Act, 2013 regarding preliminary inquiries and investigations referred by the Lokpal.
• Issues vigilance guidelines and manuals for Central Government organizations.

Powers of the CVC

• Exercises superintendence over the functioning of the Delhi Special Police Establishment (CBI) in corruption cases.
• Calls for reports, records, and information from Central Government organizations.
• Reviews pending vigilance and disciplinary cases.
• Advises disciplinary authorities regarding appropriate action.
• Conducts system studies to improve integrity mechanisms.
• Its advice is recommendatory and not legally binding.

Organisation under the CVC

Chief Technical Examiners’ Organisation (CTEO)

• Conducts technical audits of public works and government contracts.
• Assists in detecting irregularities in procurement and construction projects.

Departmental Inquiry Commissioners (DIs)

• Conduct oral inquiries in departmental disciplinary proceedings.
• Assist disciplinary authorities in vigilance cases.

Integrity Index Development

• Promotes transparency and accountability by developing integrity assessment frameworks for public organizations.

Limitations

• Its recommendations are not binding on the Government.
• It has no power to register criminal cases independently.
• It depends on the CBI and departmental agencies for investigation.
• It has jurisdiction only over Central Government organizations.
• Delay in departmental proceedings reduces effectiveness.

FAQs

Q1. Under which Act was the Central Vigilance Commission given statutory status?
Ans: The Central Vigilance Commission Act, 2003.

Q2. Which committee recommended the establishment of the Central Vigilance Commission?
Ans: The Santhanam Committee (1964).

Q3. Who appoints the Central Vigilance Commissioner?
Ans: The President of India.

Q4. What is the tenure of the Central Vigilance Commissioner?
Ans: Four years or until attaining the age of 65 years, whichever is earlier.

Q5. Is the advice of the Central Vigilance Commission binding on the Government?
Ans: No, its advice is recommendatory in nature.