Law and You > Administrative Law > Central Vigilance Commission

Vigilance means to ensure clean and prompt administrative action towards achieving efficiency and effectiveness of the employees in particular and the organization in general. Central Vigilance Commission, abbreviated as CVC is a top government body, established on February 11, 1964 with the aim of addressing corrupt practices within the government. In 2003, the Parliament enacted a law conferring statutory status to the CVC. The CVC works in coordination with the government authorities for the betterment of the system. It has the status of an autonomous body, free of control from any executive authority, and charged with monitoring all vigilance activities in central government organizations.

The establishment of the Central Vigilance Commission was recommended by the Committee on prevention of Corruption i.e., the K. Santhanam Committee appointed in 1962. The K. Santhanam Committee had recommended that the CVC must be concerned with two major problems facing the administration:

• Prevention of corruption and maintenance of integrity amongst public servants;
• Ensuring just and fair exercise of administrative powers.

The government accepted the recommendation as regards corruption but not as regards mal-administration and the Central Vigilance Commission (CVC) was established by the Government of India on 11th February 1964 as an apex body for exercising general superintendence and control over Vigilance Administration. In 2003, the Parliament enacted CVC Act conferring statutory status on the CVC. The CVC is not controlled by any Ministry/Department.It has been conceived as the apex Vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government Organizations in planning, executing, reviewing and reforming their vigilance work.

The Central Vigilance Commission receives complaints on corruption or misuse of office and to recommend appropriate action. Following institutions, bodies, or a person can approach to CVC: Central government, Lokpal, Whistle blowers

In Vineet Narain vs. Union of India AIR 1998 SC 889, Court gave several directions to make the CBI and CVC more efficient and effective. Some of the main directions are given below: –

• The CVC be given statutory status.
• Appointment of the Central Vigilance Commissioner is to be made by the President on the recommendations of the Committee consisting of P.M., Home Minister and Leader of Opposition. The committee has to recommend persons who are on the panel suggested by Cabinet Secretary and are Civil Servants or others but are of impeccable integrity.
• CVC be made responsible for the effective functioning of CBI. CBI must report to the CVC about the cases taken up by it for investigation and their progress.
• The director of CBI shall be appointed on the recommendation of the committee headed by Central Vigilance Commissioner with the Home Secretary as members. The Committee will draw a panel of IPS officers on the basis of their seniority, integrity, experience and anti-corruption work. Final selection shall be made from among the panel by the Appointment Committee of the Cabinet.
• The Director of CBI shall have a minimum tenure of 2 years regardless of the date of superannuating. He shall have full freedom for allocation of work within the agency as also for constituting teams for investigation.
• The Supreme Court. also gave directions for the establishment of Enforcement Directorate.
• It also gave directions for the establishment of the Nodal Agency for coordinating actions in cases having politic-bureaucrat criminal Nexus.

Central Vigilance Act, 2003

In pursuance of the judgment given by S.C. in Vineet Narain’s case, Parliament has enacted the Central Vigilance Act, 2003. the Act gave statutory status to CVC. The Commission was given statutory status by the enactment of “The Central Vigilance Commission Act, 2003”. The Supreme Court in a Writ Petition filed after the murder of Shri Satyendra Dubey in 2003, a whistle-blower, directed that a machinery be put in place for acting on complaints from whistle-blowers till a law is enacted. In 2013, the Parliament enacted the Lokpal and Lokayuktas Act, 2013. This act has amended CVC Act, 2003 whereby the Commission has been empowered to conduct preliminary inquiry and further investigation into complaints referred by the Lokpal.

Objectives of Appointment of CVC:

1. The main purpose for which this important body had been established was to ensure all sorts of corruption in the government sector could be well prevented and addressed minutely.
2. It is an autonomous body, responsible for monitoring all vigilance activities under the union government.
3. Its major role is to recommend government agencies in “planning, executing, reviewing and reforming” their vigilance capability.
4. Central Government of India formed CVC in the year 1964 as an important body that could take into account the measures and steps to prevent all the corruptions especially the governmental ones for a better system and governance.

 Constitution of CVC:

The President of India appoints the Central Vigilance Commissioner and the Vigilance Commissioners on the recommendation of the Prime Minister, Home Minister and the leader of the opposition in the Lok Sabha. It clearly indicates that the appointments to CVC are indirectly under the government’s control.

• The CVC is headed by a Central Vigilance Commissioner who is assisted by two Vigilance Commissioners.
• The CVC has its own Secretariat, Chief Technical Examiners’ Wing (CTE), and a wing of Commissioners for Departmental Inquiries (CDI).
• The Secretariat consists of an officer of the rank of Additional Secretary to the Government of India, one officer of the rank of Joint Secretary to the Government of India, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries, and office staff.
• The Chief Technical Examiners’ Organization constitutes the technical wing of the CVC and has two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff. Following are the main functions of this Chief Technical Examiners’ Organization:
• Technical audit of construction works of governmental organizations.
• Investigating specific cases of complaints relating to construction works.
• Assisting the CBI in investigations involving technical matters and evaluation of properties in Delhi.
• Assisting the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.

Regarding the Commissioners for Departmental Inquiries (CDI), there are fourteen such posts with 11 in the rank of Director and 03 in the rank of Deputy Secretary. The CDI function, as an Inquiry Officer to conduct inquiries in departmental proceedings initiated against public servants.

Tenure:

Term of office of CVC will be 4 years or till the attainment of 65 years whichever is earlier.

Jurisdiction:

Under the CVC Act 2003:

• Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government
• Officers of the rank of Scale V and above in the Public Sector Banks
• Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI
• Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings
• Chief Executives and Executives on the Board and other officers of E-7 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 Corporations
• Officers drawing salary of Rs.8700/- p.m. and above on Central Government D.A. (Dearness Allowance) pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.

Under the Lokpal and Lokayuktas Act, 2013:

• The Act has amended some provisions of CVC Act, 2003 whereby the Commission has been empowered to conduct preliminary inquiry into complaints referred by Lokpal in respect of officers and officials of Group ‘B’, ‘C’ & ‘D’, besides: Group ‘A’ officers, for which a Directorate of Inquiry for making preliminary inquiry is to be set up in the Commission.
• The preliminary inquiry reports in such matters referred by Lokpal in respect of Group A and B officers are required to be sent to the Lokpal by the Commission.
• The Commission is also mandated to cause further investigation (after preliminary enquiry) into such Lokpal references in respect of Group ‘C’ & ‘D’ officials and decide on further course of action against them.

Under the Whistleblowers Protection Act, 2014:

• The Whistleblowers Protection Act, 2014 empowers the Commission as the 6/7 competent authority:
• to receive complaints relating to disclosure on any allegation of corruption or wilful misuse of power or wilful misuse of discretion against any public servant and to inquire or cause an inquiry into such disclosure, and
• to provide adequate safeguards against victimization of the person making such complaint and for matters connected therewith and incidental thereto.

Powers & functions of CVC:

The CVC is not an investigating agency totally. The only investigation carried out by it is of examining civil works of government. CVC has been given several powers including its status to work independently as a major sovereign body which remains free from any type of control from the authorities. The CVC has the following functions & powers:

• To inquire or cause an inquiry or investigation to be made into any transaction in which a public servant working in any Organization, to which the executive control of the Govt. of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner. CVC is not an investigating agency. The CVC either gets the investigation done through the CBI or through chief vigilance officers (CVO) in government offices.
• To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e., investigation, inquiry, appeal, review etc.
• To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Government of India and other Organizations to which the executive power of the Union extends.
• The Ordinance of 1998 conferred statutory status to the CVC and conferred the powers to exercise superintendence over functioning of the Delhi Special Police Establishment. Its basic aim was to review the progress of the investigations pertaining to alleged offences under the Prevention of Corruption Act, 1988 conducted by Delhi Special Police.

• To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act.
• To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.
• In 2004, Government of India authorized the CVC, as a ‘Designated Agency’ to receive written complaints for disclosure on any allegation of corruption or misuse of office. There by it recommended appropriate action. It presents its report to the President of India.
• The CVC has also been publishing a list of corrupt government officials against, which it has recommended punitive action. However, permission of government is required to proceed against government officials for investigation in corruption charges.
• The CVC publishes a list of cases, where permissions are still pending, some of which are more than a year old.

Removal of CVC:

• The CVC/VC can be removed from his/her office only by an order of the President on the ground of proved misbehavior or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the CVC/ VC, as the case may be, ought to be removed. The President may suspend CVC/ VC from office, and if deem necessary prohibit him/her from attending the office during inquiry.
• The President may, by order, remove from office the CVC or any VC, if CVC/VC, as the case may be:
• is adjudged an insolvent; or
• has been convicted of an offence, which in the opinion of the Central Government, involves moral turpitude; or
• engages, during his/her term of office, in any paid employment outside the duties of his/her office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
• has acquired such financial or other interest, as is likely to affect prejudicially his/her functions, as a CVC or a VC.

Limitations of CVC:

• It is only an advisory body. Central government departments may or may not pay heed to its advice.
• It does not have adequate resources to cater to the number of complaints that it receives. It is a very small set up with limited staff strength of around 299, as compared to more than 1500 central government establishments it is supposed to overview.
• It cannot on its own direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above. The concerned department has to give permission for the same.
• It does not have powers to register criminal cases. It can deal only with vigilance or disciplinary cases.
• It has supervisory powers over CBI. However, it does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner. CBI is under administrative control of Department of Personnel and Training (DoPT), which means that the powers to appoint, transfer, and suspend CBI officers lie with DoPT.
• Appointments to CVC are indirectly under the control of the central government even though the leader of the Opposition (in Lok Sabha) is a member of the Committee to select CVC and VCs.

From the above, it seems that CVC is not as independent and autonomous institutions as expected.

Vigilance Awareness Week:

Driven by the Central Vigilance Commission, Vigilance Awareness Week (VAW) is being celebrated every year in the last week of October and coincides with the birthday of Sardar Vallabhbhai Patel, a man of high integrity. The CVC informs all the departments and organizations to undertake activities relevant to the theme both within and outside their organization or department and outreach activities for the public and citizens.

Conclusion:

In the recent past, India has emerged as a progressive and vibrant economy. With the rapid growth in all sectors of the economy, huge investments were made in country’s infrastructure; construction, retail and many other sectors in the government. Rapid growth in economy throws up CVCs’ challenges in the fight against the menace of corruption. There is greater need in such times to address the shortcomings in the system of CVC.

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