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Central Vigilance Commission

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Central Vigilance Commission

     The Central Vigilance Commission (CVC) was established to act as the main agency for preventing corruption in the Central government of India. Originally formed in 1964, it gained statutory status through the CVC Act, 2003. The CVC oversees various vigilance activities, advises the government on issues related to corruption, and enhances accountability within public sector undertakings and governmental bodies.

Establishment

    • The establishment of the CVC was influenced by the Santhanam Committee on Prevention of Corruption (1962–64), which recommended the creation of an institutional mechanism to address corruption in the government.
    • In 2004, the CVC was designated as the authority to receive and address complaints from whistleblowers under the “Public Interest Disclosure and Protection of Informers’ Resolution” (commonly known as the Whistle Blowers’ Resolution).

 

Composition

The CVC is structured as a multi-member body with the following composition:

1. Central Vigilance Commissioner (CVC):

    • The head of the Commission, appointed by the President of India based on recommendations from a selection committee.

 

2. Vigilance Commissioners:

    • The Commission includes up to two Vigilance Commissioners.

 

3. Appointment Process:

    • The selection committee consists of:
        • The Prime Minister (Chairperson).
        • The Union Home Minister.
        • The Leader of the Opposition in the Lok Sabha.

 

4. Eligibility Criteria:

    • Members of the CVC should be persons of proven integrity and experience to ensure effective functioning.

 

5. Tenure:

    • The CVC and Vigilance Commissioners hold office for a term of four years or until they reach the age of 65 years, whichever is earlier.

 

6. Removal:

    • The President can remove the CVC or any Commissioner under certain conditions, similar to the process for high-ranking officials, such as judges, ensuring accountability and integrity.

 

 

7. Salary and Conditions:

    • Their remuneration is determined by the Central Government and cannot be varied to their disadvantage post-appointment.

Powers and Functions

      The CVC has been vested with a variety of powers and functions, focusing primarily on preventing corruption and ensuring good governance:

1. Inquiries and Investigations:

    • The Commission can initiate inquiries into complaints regarding corruption involving public servants, especially those under the Prevention of Corruption Act, 1988.

 

2. Monitoring Investigations:

    • The CVC reviews the progress of investigations carried out by the Central Bureau of Investigation (CBI) concerning corruption.

 

3. Advisory Powers:

    • The Commission advises the Central Government and its authorities on vigilance matters, recommending improvements and noting best practices.

 

4. Implementation of Guidelines:

    • The CVC sets guidelines for the conduct of vigilance inquiries and recommends administrative measures to prevent corruption.

 

5. Handling Whistleblower Complaints:

    • The CVC is authorized to investigate cases arising under the Public Interest Disclosure and Protection of Informers’ Resolution, ensuring protection for whistleblowers.

 

6. Annual Reports:

    • The CVC submits an annual report detailing its activities and findings to the Central Government, which is then presented to Parliament.

 

7. Establishment of Inquiry Mechanisms:

    • The CVC can establish preliminary inquiry mechanisms, particularly in cases referred by the Lokpal, regarding the conduct of government officials.

 

Critical Evolution through Legislative Amendments

      The functions and authority of the CVC were further expanded upon by the Lokpal and Lokayuktas Act, 2013, which included:

1. Appointment of the Director of Prosecution in the CBI:

    • The CVC now plays a role in recommending the appointment of the Director of Prosecution.

 

2. Inquiry into Lokpal References:

    • The Commission is responsible for conducting preliminary inquiries into matters forwarded by the Lokpal concerning government employees, allowing for a check on the integrity of officials.

 

The Central Vigilance Commission serves as a critical institution in promoting integrity and accountability in the Indian public sector. Through its role in investigating corruption, advising the government, and safeguarding the rights of whistleblowers, the CVC is instrumental in fostering a corruption-free governance environment. Its powers and functions, reinforced by legislative provisions, position it as a central authority in India’s fight against corruption.

National Commission for Scheduled Castes (CVC)

     The Central Vigilance Commission (CVC) plays a fundamental role in preventing corruption and ensuring accountability within the Central Government. Below is an overview of its jurisdiction, operational framework, and the provisions aimed at protecting whistleblowers.

Jurisdiction of the Central Vigilance Commission

The jurisdiction of the CVC extends to the following entities:

1. Members of All India Services:

    • Serving in connection with the affairs of the Union, including Group ‘A’ officers of the Central Government.

 

2.Public Sector Banks:

    • Officers of the rank of Scale V and above.

 

3. Reserve Bank of India and Similar Institutions:

    • Officers in Grade D and above in NABARD and SIDBI.

 

4. Public Sector Undertakings:

    • Chief Executives and executives of E-8 and above in Schedule ‘A’ and ‘B’ public sector undertakings, as well as E-7 and above in Schedule ‘C’ and ‘D’ public sector undertakings.

 

5. Insurance Companies:

    • Managers and above in General Insurance Companies and Senior Divisional Managers and above in the Life Insurance Corporation.

 

6. Other Local Authorities:

    • Officers drawing a salary of ₹8,700 or above (pre-revised) on the Central Government D.A. pattern.

 

Working of the Commission

     The CVC conducts its operations from its headquarters in New Delhi and has the authority to regulate its procedures. Its proceedings are judicial in nature and carry significant weight in compliance with anti-corruption legislation.

1. Inquiry and Investigation Powers:

    • The CVC can conduct inquiries based on references from the Central government regarding allegations of corruption by public servants.
    • It can act on suo motu (on its own initiative) when necessary.

 

2. Civil Court Powers:

    • The CVC possesses civil court powers that include:
        • Summoning individuals and enforcing attendance.
        • Compelling the production of documents.
        • Receiving evidence.
        • Requisitioning public records.
        • Examining witnesses or documents.

 

3. Compliance and Reporting:

    • The CVC can direct public authorities to comply with its decisions and submit annual reports detailing its activities to the Central government.
    • If a public authority does not conform to the provisions of the RTI Act, the Commission can recommend necessary steps for compliance.

 

Whistle Blowers Protection Act (2014)

     The Whistle Blowers Protection Act, 2014 provides a framework for protecting individuals who expose corruption or misconduct in public offices, ensuring they can do so without fear of retaliation.

Key Features of the Act

1. Identity Protection:

    • The Act protects the identity of whistleblowers, allowing them to report corruption and misconduct without the risk of victimization.

 

2. Disclosure Mechanism:

    • Whistleblowers can make public interest disclosures regarding corruption to the Central Vigilance Commission (CVC) or any other designated body.

 

3. Penalties for False Complaints:

    • The Act prescribes penalties, including imprisonment of up to two years and fines up to ₹30,000 for making false or frivolous complaints.

 

4. Good Faith Disclosure:

    • Disclosures must be made in good faith, with the whistleblower declaring that they believe the information is substantially true.

 

5. Disclosure Format:

    • Complaints can be submitted in writing or via email, accompanied by supporting documents.

 

6. Conditions for Action:

    • No action will be taken on disclosures that do not specify the identity of the complainant or where the complainant’s identity is found to be incorrect.

 

7. Exceptions:

    • The Act does not apply to individuals under the Special Protection Group.

 

 

 

       The Central Vigilance Commission plays a crucial role in fostering transparency and accountability within government operations in India. Its jurisdiction covers a wide range of public authorities, allowing it to investigate corruption effectively. The Whistle Blowers Protection Act, on the other hand, empowers citizens to report misconduct safely, contributing to a culture of accountability and integrity in public service. Together, these mechanisms form a vital part of India’s efforts to combat corruption and promote good governance.

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