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Introduction
The CVC is the anti-corruption body made via the executive resolution in the year 1964. The Santhanam committee gave the recommendations for formation. So in the initial days, it was neither a statutory nor a constitutional body, later a law in the year 2003 a law was passed to give it a statutory status. The CVC comes under the Ministry Of Personnel.
Characteristics of CVC
- Apex vigilance body
- Free from executive authority
- Monitoring vigilance activity
- Advising various central bodies in terms of planning, reviewing, and executing their work
- Multi-Member body
Composition
- The chairman of the body is known as the central vigilance commissioner who has two vigilance commissioners for help and advice
- They are appointed by the President
- Based on the recommendation of a three-member committee including PM, Minister of Home Affairs and leader of opposition in Lok Sabha
- Tenure of office is of 4 years or till the age of 65 whichever is earlier
- No reappointment under the central and state government
Criteria of Removal
- If he is declared an insolvent
- If during his term in office he is under any paid employment outside his office
- If he has financial or other interests that will affect his official function
- If he is unfit to continue due to infirmity of mind or body
- If he is convicted of an offence which involves moral turpitude
- Based on proven misbehaviour or incapacity the president can remove
Functions
The functions of CVC are as follows-
- Inquire, cause an inquiry, and investigate a public servant or the authorities who have committed an offence under the Prevention of corruption act, 1988
- Superintendence over the functioning of CBI ( Central Bureau of investigation) in matters revolving in and around the Prevention of corruption act,1988
- Give Directions to CBI for superintendence in matters to act
- Review progress of investigation conducted by CBI in matters mentioned in the act
- To review the progress of the application of the prosecution
- Tender advice to the central government on matters that referred to them
- Vigilance in ministries
- Address complaints received under Protection of informers resolution and Public interest disclosure
- Consultation during the making of rules and regulations for members of central services and All India services on disciplinary matters
- Notification regarding suspicious transactions with reference to the Prevention of money laundering act,2002
Jurisdiction
The jurisdiction of the CVC is as follows-
- Group A officers of central government and members of All India Services
- Officers of rank scale V and above in Public sector banks
- Managers and above in General Insurance companies
- Senior divisional managers and above in life insurance companies
Working of CVC
The headquarters of CVC is in New Delhi. It conducts all its proceedings at the headquarters only. It has the power to manage its own affairs. Moreover, The proceedings conducted by CVC have a judicial character.
It can procure information from the central government or its authorities in the context of vigilance and anti-corruption work in these bodies. Based on the report of inquiry done by any agency or a reference made by them it advises the central government on the further process. The central government considers the advice of the CVC and on matters of disagreement with the advice they have to communicate the reasons in writing to the CVC. In the end, CVC presents its report annually to the president on its performance and then the president shall present it before the parliament.
Vigilance units in Ministries
The Chief vigilance officer (CVO) heads the vigilance division present in all ministries and departments in the Union Government. Further CVO assists and advises the secretary or head of the office in matters related to vigilance.
The Chief vigilance officer is a link between his organisation, the central vigilance commission and the Central Bureau of investigation and also between the department concerned and CVC.
The vigilance functions performed by the chief vigilance officer are-
- Collecting intelligence about corrupt practices of employees of the organisation
- Investigating allegations against them
- Processing investigation reports further
- Referring matters to CVC
Whistle-Blowers
These are usually employees who expose the information or activity that is illegal, illicit or abuse of taxpayers’ funds. Simply put, people who expose corruption. For the protection of whistleblowers, a specific act was made the Whistleblowers Protection Act of 2014.
Whistle-Blowers Protection act of 2014
The salient features of the Whistleblowers Protection Act 2014 are as follows-
- The act is not applicable to special protection groups.
- The Act lays down the punishment of up to 2yrs in prison and a fine of Rs. 30,000 for false complaints.
- The act provides a mechanism for protecting the identity of whistleblowers so they are now free from victimisation.
- The act encourages people to disclose information about corruption.
- The act says that every disclosure shall be made in good faith.
Conclusion
The Chief vigilance commission is a body that works to eliminate corruption in central government ministries, bodies and departments. It acts as a watchdog for CBI and the government on matters with reference to the Prevention of Money Laundering Act,1988 and Prevention of Money-laundering Act,2002.
