Central Vigilance Commission Powers and Functions, Working, Removal – UPSC PDF | CVC Appointment
The Central Vigilance Commission (CVC) is the main strategy for preventing corruption in the Central government. It was established in 1964 by an executive resolution of the Central government. Its establishment was recommended by the Santhanam Committee on Prevention of Corruption (1962–64).
Thus, originally the CVC was neither a constitutional body nor a statutory body. Later, in 2003, the Parliament enacted a law conferring statutory status on the CVC.
In 2004, the CVC has been designated as the agency to receive and act on complaints or disclosure on any allegation of corruption or misuse of office from whistle blowers under the “Public Interest Disclosure and Protection of Informers’ Resolution” (PIDPI), which is popularly known as “Whistle Blowers” Resolution. The Commission is also empowered as the only designated agency to take action against complainants making motivated or vexatious complaints.
The CVC 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 organisations in planning, executing, reviewing and reforming their vigilance work.
Central Vigilance Commission come under the Department of Consumer Affairs.
Composition
The CVC is a multi-member body consisting of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners. 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 and the Leader of the Opposition in the Lok Sabha. They hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier. After their tenure, they are not eligible for further employment under the Central or a state government.
Sanjay Kothari is current Central Vigilance Commissioner.
CVC Working
The CVC conducts its proceedings at its headquarters (New Delhi). It is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character. It may call for information or report from the Central government or its authorities so as to enable it to exercise general supervision over the vigilance and anti corruption work in them.
The CVC, on receipt of the report of the inquiry undertaken by any agency on a reference made by it, advises the Central government or its authorities as to the further course of action. The Central government or its authorities shall consider the advice of the CVC and take appropriate action. However, 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.
The CVC has to present annually to the President a report on its performance. The President places this report before each House of Parliament.
Functions
The functions of the CVC are:
- To inquire or cause an inquiry or investigation to be conducted on a reference made by the Central government wherein it is alleged that a public servant being an employee of the Central government or its authorities, has committed an offence under the Prevention of Corruption Act, 1988.
- To inquire or cause an inquiry or investigation to be conducted into any complaint against any official belonging to the below mentioned category of officials wherein it is alleged that he has committed an offence under the Prevention of Corruption Act, 1988:
- (a) Members of all-India services serving in the Union and Group ‘A’ officers of the Central government; and
- (b) Specified level of officers of the authorities of the Central government.
- To 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.
- To 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 review the progress of investigations conducted by the Delhi Special Police Establishment (CBI) into offences alleged to have been committed under the prevention of Corruption Act, 1988.
- To review the progress of applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
- To tender advise to the Central government and its authorities on such matters as are referred to it by them.
- To exercise superintendence over the vigilance administration in the ministries of the Central government or its authorities.
- To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informers’ Resolution and recommend appropriate action.
- The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All-India Services.
- The Central Vigilance Commissioner (CVC) is the Chairperson and the two Vigilance Commissioners along with Secretaries of M/o Home Affairs, D/o Personnel and Training and the D/o Revenue in M/o Finance are the Members of the Selection Committees, on whose recommendation the Central Government appoints the Director of Enforcement. Further, this Committee, in consultation with the Director of Enforcement, recommends officers for appointments to the posts above the level of Deputy Director of Enforcement.
- The Central Vigilance Commission has been notified as a specific authority to receive information relating to suspicious transactions under the Prevention of Money Laundering Act, 2002.
- The Lokpal and Lokayuktas Act (2013) amended both the CVC Act (2003) and the Delhi Special Police Establishment Act 1946) and made the following changes with respect to the functions of the CVC.
- The Director of Prosecution under the Directorate of Prosecution in CBI shall be appointed by the Central Government on the recommendation of the Central Vigilance Commission.
- The Central Vigilance Commissioner (CVC) is the Chairperson and the two Vigilance Commissioners alongwith Secretaries of M/o Home Affairs and D/o Personnel and Training are the Members of the Selection Committees, on whose recommendation the Central Government appoints officers to the posts of the level of SP and above in the CBI except Director of CBI.
- The Commission has been empowered to conduct preliminary inquiry into complaints referred by Lokpal in respect of officers and officials of Groups A, B, C & D, 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. Further, as per mandate, the Commission is to cause further investigation into such Lokpal references in respect of Group C and D officials and decide on further course of action against them.
Central Vigilance Commissioner Removal
The president can remove the Central Vigilance Commissioner or any vigilance commissioner from the office under the following circumstances:
- (a) If he is adjudged an insolvent; or
- (b) If he has been convicted of an offence which (in the opinion of the Central government) involves a moral turpitude; or
- (c) If he engages, during his term of office, in any paid employment outside the duties of his office; or
- (d) If he is (in the opinion of the president), unfit to continue in office by reason of infirmity of mind or body; or
- (e) If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.
In addition to these, the president can also remove the Central Vigilance Commissioner or any vigilance commissioner on the ground of proved misbehaviour or incapacity. However, in these cases, 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. He is deemed to be guilty of misbehaviour, if he (a) is concerned or interested in any contract or agreement made by the Central government, or (b) participates in any way in the profit of such contract or agreement or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an
incorporated company.
Central Vigilance Commissioner 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. But they cannot be varied to his disadvantage after his appointment.
Can the Chief Vigilance Commission investigate a case against anybody?
CVC is not an investigating agency. The CVC either get the investigation done through the CBI or through the Departmental Chief Vigilance Officers.
How do i join Vigilance?
You can get a job in CVC as an Assiatant in CVC (Central Vigilance Commission) which is a group B , non-gazetted post in GOI . CVC recruits through SSC CGL exam for Assistants. CVC is independent organization(free from control of any ministry).
First CVC of India – Nittoor Srinivasa Rau
CVC Role
Role of vigilance is to protect the organization from internal dangers which are more serious than external threats. Vigilance in any organization is an integral function like any other function of management, such as finance, personnel, operation, marketing, material, and contracts etc.
All the best for your upcoming exam!
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