Central vigilance commission-
Origin of Central Vigilance Commission
Resolution of 1964-
- The Central Vigilance Commission was initially set up through Resolution dated 11th February 1964 of Government of India, on the recommendations of Committee on Prevention of Corruption formed under the Chairmanship of Shri K. Santhanam.
Ordinance of 1998-
- The Central Vigilance Commission was made a multi-member Commission with statutory status with effect from 25th August 1998 through the promulgation of an Ordinance by the President.
CVC Act of 2003
- The CVC Bill was passed by both the houses of Parliament in 2003 and it came into existence in 2004.
Chairperson and Members-
- Central Vigilance Commissioner - Chairperson.
- Not more than two Vigilance Commissioners - Members.
Appointment and Removal
Appointment-
They are appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of –
- The prime minister as its head.
- The Union minister of home affairs.
- The Leader of the Opposition in the Lok Sabha.
Removal-
The president can remove the Central Vigilance Commissioner or any vigilance commissioner from the office under the following circumstances:
(a) Adjudged an insolvent; or convicted of an offence which (in the opinion of the Central government) involves a moral turpitude; or
(b) Engages, during his term of office, in any paid employment outside the duties of his office; or
(c) He is (in the opinion of the president), unfit to continue in office by reason of infirmity of mind or body; or
(d) Acquired such financial or other interest as is likely to affect prejudicially his official functions;
Removal on grounds of on the ground of proved misbehavior or incapacity-
- The President can also remove the Central Vigilance Commissioner or any vigilance commissioner on the ground of proved misbehavior or incapacity.
- The President has to refer the matter to the Supreme Court for an enquiry.
- If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the President can remove him.
What is misbehavior?
- If the Central Vigilance Commissioner or any vigilance commissioner in any way, concerned or interested in any contract or agreement made by or on behalf of the Government or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall deemed to be guilty of misbehavior.
Term of Office and Salary-
Term of Office
- They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier
Reappointment-
- After their tenure, they are not eligible for further employment under the Central or a state government.
The Salary-
- The salary, allowances and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC.
Vision & Mission
Vision –
- To ensure a common and effective approach with the aim to eliminate corrupt and unethical practices in public administration and to bring about transparency, fair-play, objectivity, accountability and responsiveness to the aspirations of the citizen from administration.
Mission-
To promote effective vigilance administration through the following tools :-
(a) Preventive Vigilance-
- To ensure that the scope for indulging in corrupt/unethical practices is eliminated or reduced to the minimum extent possible.
(b) Punitive Vigilance -
- Creation of a credible deterrence against corrupt practices through prompt enforcement of anti-corruption laws, rules and regulations.
(c) Participative Vigilance-
- Raising awareness to inculcate ethical values and reduce society's tolerance towards corruption, through outreach activities and sensitization.
Functions and powers of the Central Vigilance Commission-
- Exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988; or an offence under the Cr.PC for certain categories of public servants.
- Give directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.
- To inquire or cause an inquiry or investigation to be made on a reference by the Central Government.
- To inquire or cause an inquiry or investigation to be made into any complaint received against any official belonging to such category of officials specified in sub-section 2 of Section 8 of the CVC Act, 2003.
- Review the progress of Investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr.PC.
- Review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
- Exercise superintendence over the vigilance administrations of the various Central Government Ministries,Departments & Organisations of the Central Government.
- Shall have all the powers of a Civil Court while conducting any inquiry.
- Respond to 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.
To tender appropriate advice in respect of Investigation Report called for by the Commission
- To call for periodical reports , returns and statements – to exercise general supervision over vigilance and anti-corruption work in the Goverment and its organizations.
Report and advice of CVC-
- CVC submits annual report to President and which is placed before parliament.
- The Central government or its authorities shall consider the advice of the CVC and take appropriate action.
- Where the Central government or any of its authorities does not agree with the advice of the CVC, it shall communicate the reasons to be recorded in writing to the CVC.
Role of CVC in Different appointment
Role of CVC in appointment of Director of Enforcement-
The Central Government appoints Director of Enforcement on the recommendation of the Committee consisting of :-
(i) Central Vigilance Commissioner -Chairperson,
(ii) Vigilance Commissioners -Members
(iii) Secretary to the Government of India in charge of the Ministry of Home Affairs- Member
(iv) Secretary to the Government of India in charge of the Ministry of Personnel- Member
(v) Secretary to the Government of India in charge of the D/o Revenue, M/o Finance- Member
Role of CVC in appointment, extension and curtailment of the tenure of officers of the level of Superintendent of Police and above in CBI –
Appointment, extension and curtailment of the tenure of officers of the level of Superintendent of Police and above in CBI (except Director, CBI) is done on the recommendations of the committee consisting of :-
(a) Central Vigilance Commissioner- Chairperson,
(b) Vigilance Commissioners - Members
(c) Secretary to the Government of India in charge of the Ministry of Home - Member
(d) Secretary to the Government of India in charge of the Department of Personnel – Member
Jurisdiction of CVC
Commission’s Jurisdiction under CVC Act
- 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.