The Central Vigilance Commission was set up by the Government in February 1964 to address governmental corruption. It is located in New Delhi. The Commission consists of a Central Vigilance Commissioner and not more than two Vigilance Commissioners. The 18th Central Vigilance Commission was constituted by the President of India in June 2021, under the chairmanship of Suresh N. Patel.
Table of Contents
- Historical Background
- Composition
- Appointment
- Term & Salaries
- Removal
- Function
- Jurisdiction
- Vigilance Awareness Week
- Recent Context
- Conclusion
Central Vigilance Commission – Historical Background
- The Central Vigilance Commission was set up by the Government on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam in February 1964.
- Role of CVC: To advise and guide Central Government agencies in the field of vigilance.
- Central Vigilance Commission is conceived to be 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 vigilant work.
- Consequent upon promulgation of an Ordinance by the President, the Central Vigilance Commission has been made a multi-member Commission with “statutory status” with effect from 25th August 1998.
- The Central Vigilance Commission came into force in 2003 when the Parliament passed the Central Vigilance Commission Bill Act 2003 and received President assent.
- Note: The Central Vigilance Commission is not controlled by any Ministry or Department. It is an independent body which is only responsible to the Parliament.
- The Government of India has authorized the Central Vigilance Commission as the “Designated Agent” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action Under the Government of India Resolution on “Public Interest Disclosure and Protection of Informer”.
Central Vigilance Commission – Composition
The Commission shall consist of:
- A Central Vigilance Commissioner – Chairperson
- No more than two Vigilance Commissioners – Members.
Appointment
Appointment of Chairman and Other Members of Central Vigilance Commission
- The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President of India. Every appointment under this session is made after obtaining the recommendation of a committee consisting of:
- The Prime Minister as the Chairperson of this Committee.
- Minister in charge of the Ministry of Home Affairs in the Government of India.
- Leader of the opposition in the House of the People.
The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons who:
- have been or are in an All India Service or in any civil service of the Union or in a civil post under the Union having knowledge or experience in the matters relating to vigilance, policy-making and administration including police administration; or
- have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations.
Salaries
Central Vigilance Commission – Term & Salaries of Office of Members
- The Central Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
- The salaries and allowances payable to, and other terms and conditions of service of-
- The Central Vigilance Commissioner shall be the same as those of the Chairman of the Union Public Service Commission i.e., charged on the consolidated fund of India.
- The Vigilance Commissioner shall be the same as those of a member of the Union Public Service Commission i.e., charged on the consolidated fund of India.
Removal
Central Vigilance Commission – Removal
- The Act describes the procedures and ground for the removal of any member of the Commission. According to the Chairperson or any other members of the Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity, after the Supreme Court, or reference being made to it by the President has on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other members, or as the case may be, ought on any such ground to be removed.
- During the inquiry, the President may suspend from office, and if deemed necessary prohibit also from attending the office, the Central Vigilance Commissioner, and if deemed necessary prohibit also from attending office.
- The President may remove the Chairman or any other members if he
- Is adjudged an insolvent
- Engages during his term of office in any paid employment outside the duties of his office
- Is unfit to continue in office by reason of infirmity of mind or body
- Is of unsound mind and stands so declared by a competent court
- has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.
- Is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.
Function
The function of the Central Vigilance Commission
The Commission shall perform all or any of the following functions, namely:
- In the context of the Delhi Special Police Establishment (CBI):
- Exercise superintendence and give direction relates to the investigation of offences under the Prevention of Corruption Act, 1988; or an offence under the Cr.P.C. for certain categories of public servants;
- Review the progress of investigations conducted by the DSPE into offences alleged or of the applications pending with the competent authorities to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr. Procedure Code;
- In the context of Inquiry or Investigation
- To inquire or cause an inquiry or investigation to be made on a reference by the Central Government or into any complaint received against any Group ‘A’ officers of the Central Government;
- Tender advice to the Central Government and its organizations on such matters as may be referred to it by them;
- Respond to the Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services.
- Exercise superintendence over the vigilance administrations of the various Central Government Ministries, Departments and Organizations of the Central Government;
- Shall have all the powers of a Civil court while conducting any inquiry.
- In the context of the appointment of Director of Enforcement Agency:
- The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance Commissioners (Members) of the Committee, on whose recommendations, the Central Government appoints the Director of Enforcement.
- The Committee is also empowered to recommend, after consultation with the Director of Enforcement appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement;
- The Central Vigilance Commissioner (CVC) is also the Chairperson and the Vigilance Commissioners (Members) of the Committee empowered to recommend after consultation with the Director (CBI), the appointment of officers to the post about the level of SP and above except Director and also recommend the extension or curtailment of tenure of such officers in the DSPE (CBI) – Section 26 and Section 4C of DSPE Act, 1946.
Jurisdiction
Central Vigilance Commission – Jurisdiction
- 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. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.
Vigilance Awareness Week
Vigilance Awareness Week of Central Vigilance Commission
- The Commission has decided that this year Vigilance Awareness Week would be observed from 26th October to 1st of November, 2021.
- Theme: “Independent India @ 75: Self Reliance with Integrity”.
- Vigilance Awareness Week is observed every year during the week in which the birthday of Sardar Vallabhbhai Patel (31st October) falls.
- Observance of Vigilance Awareness Week is one of the tools used by the Commission to bring together all stakeholders to collectively participate in the prevention of, and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.
- During this week, all organizations are encouraged to bring together all their employees, create awareness regarding common issues related to vigilance and create an atmosphere motivated towards Weeding out corruption and unethical practices.
Recent Context
Recent Context
- The Central Vigilance Commission’s annual report 2020 was tabled in Parliament during the Monsoon Session.
- A total of 219 corruption complaints were pending investigation with the Chief Vigilance Officers (CVOs), 105 of those for over three years, of various government organizations as on December 31, 2020.
Conclusion
Conclusion
- The Government has extended the powers and authority to such an extent that the scope of the vigilance of the Commission now includes private sector banks. Thus, a huge evolution can be seen in the powers and jurisdiction of the Commission since the time of its formation.
