Central Vigilance Commission

Central Vigilance Commission (CVC) is India’s apex vigilance institution. It aims to combat corruption in government offices. Established in 1964, the CVC monitors vigilance activities under the Central Government. It is a statutory body that operates independently of any executive authority.

Establishment and Statutory Status

The CVC was set up following the recommendations of the K. Santhanam Committee on Prevention of Corruption. Initially, it functioned through an executive resolution. In 2003, the Parliament enacted the Central Vigilance Commission Act, granting it statutory status. The CVC is accountable to the Parliament of India and submits reports to the President.

Composition

The CVC comprises:

• Central Vigilance Commissioner (Chairperson)
• Up to two Vigilance Commissioners (Members)

Members are appointed by the President based on a three-member committee, which includes the Prime Minister, the Minister of Home Affairs, and the Leader of the Opposition in Lok Sabha.

Term and Removal

Members serve a term of four years or until they turn 65, whichever is earlier. The President can remove members under specific circumstances, including:

• Insolvency
• Conviction for moral turpitude
• Engaging in paid employment outside official duties
• Incapacity due to mental or physical infirmity

Removal requires a Supreme Court inquiry.

Powers and Functions

The CVC has extensive powers, including:

• Supervision of vigilance administration in Central Government ministries and departments
• Reviewing investigations under the Prevention of Corruption Act, 1988
• Conducting inquiries based on references from the Central Government
• Recommending disciplinary actions against high-ranking officials

Investigative Authority

The CVC does not conduct investigations directly. Instead, it relies on the Central Bureau of Investigation (CBI) and Chief Vigilance Officers (CVO) for this purpose. It can recommend actions but lacks the authority to initiate criminal cases independently.

Advisory Role

The CVC primarily acts as an advisory body. After conducting inquiries, it advises the Central Government on actions to be taken. If the government disagrees with its recommendations, it must provide reasons.

Annual Reporting

The CVC prepares an Annual Report detailing its activities, complaints received, and actions taken. This report is submitted to the President and subsequently presented to Parliament.

Relevant Legislation

The CVC operates under several key laws:

• Prevention of Corruption Act, 1988: Oversees corruption investigations in government agencies.
• CVC Act, 2003: Defines the CVC’s jurisdiction and powers.
• Lokpal and Lokayukta Act, 2013: Empowers CVC to conduct preliminary inquiries into complaints referred by Lokpal.
• Whistleblower Protection Act, 2014: Protects the identity of whistleblowers and allows public interest disclosures.

Functions Under Various Acts

The CVC’s functions vary under different legislation:

• Under the CVC Act, it supervises the CBI’s investigations related to corruption.
• It recommends appointments and actions concerning the Directorate of Prosecution in the CBI.
• Under the Whistleblower Protection Act, it receives disclosures on corruption.

Challenges Faced by CVC

Despite its authority, the CVC faces several challenges:

• Lack of Resources: The CVC operates with limited staff and budget.
• Limited Powers: It cannot direct the CBI to initiate inquiries against higher officials without departmental approval.
• Transparency Issues: Appointments to the CVC can be influenced by the central government.

Vigilance Awareness Week

The CVC observes Vigilance Awareness Week annually in October. This initiative aims to promote integrity and prevent corruption. Activities include:

• Taking an integrity pledge by government officials
• Conducting workshops on vigilance measures
• Establishing Integrity Clubs in educational institutions

Whistleblower Protection Act

This Act was enacted to safeguard individuals who expose corruption. It provides mechanisms for anonymous disclosures. Violations can lead to penalties, including imprisonment for false charges.

Key Facts about CVC

• First Chief Vigilance Commissioner – Nittoor Srinivasa Rau
• Current Chief Vigilance Commissioner – Praveen Kumar Srivastava
• Annual reports detail the CVC’s activities and recommendations.
• The CVC advocates a policy of ‘Zero Tolerance Against Corruption.’

Recent Updates and Context

The CVC has recently modified eligibility criteria for Independent External Monitors (IEM) to oversee the implementation of integrity pacts. This change aims to include retired officials from various high-ranking positions.