Central Vigilance Commission

Originally, the CVC was neither a statutory body nor a constitutional body. It was established in 1964 to address the prevention of corruption, under the executive resolution by the Central Government. It was enacted by the Santhanam Committee. It is an independent and autonomous body, which is free from the executive authority. Nittoor Srinivasa Rau has been appointed as the first Chief Vigilance Commissioner of India. The headquarters of CVC is in New Delhi.

The CVC Annual Report not only provides details of the work done by it but also highlights system failures that lead to corruption in various departments/organizations, various security measures, system development, cases where commission advice is ignored, etc. 

Composition of the CVC 

It is a multi-member body comprised of: 

1. Central Vigilance Commissioner: Chairperson.
2. Not more than two Vigilance Commissioner Members.

The president by warrant appointed the members of CVC, along with the recommendation of a three-member committee comprising of Prime Minister, the Union Minister of Home Affairs, and the Leader of the opposition in the Lok Sabha.  Under the Central or the State Government, the members of the CVC after their tenure period, do not further get employment in these areas. 

There are some circumstances when the President can remove the CVC member from the office. These circumstances are as follows: 

• When a person is declared as bankrupt
• If convicted of a crime involving loose conduct
• If he or she does not qualify for the position due to mental or physical infirmity
• If he works in any other paid profession other than the duties of his office

The President takes these cases in front of the Supreme Court to enquire and if the Supreme Court upholds the inquiry, then the President can remove that CVC member. 

Current Central Vigilance Commissioner of India

Suresh N. Patel

The Central Vigilance Commission Act, 2003

There was a growing need for the Central Police Agency located in the Central Government which not only investigates bribery and corruption cases but also government-related fraud in Indian departments which is why the recommendation of the Santhanam Committee CBI was established and the same Committee in 1964 recommended. In the judgment of Vineet Narain & Others vs. Union of India (1997) The Supreme Court ordered that it assume the administrative responsibility for the functioning of the CBIs should be transferred from the central government to the CVC and issued guidelines relating to the higher role of the CVC. Later in 1998, the government promulgated a law giving the legal status of the CVC and the exercise of powers over the administration of the CBI so in 2003 the law of the central monitoring commission, was enacted 2003 and given the official status.

Organization of the Commission

It includes its own Secretariat (secretary, deputy secretaries, joint secretaries, etc.), Chief Technical Examiners Wing, and a wing of Commissioners for Departmental inquires. 

Public sector banks under CVC monitoring

The RBI 2017, approved the necessary accreditation that allows the CVC to investigate private bank employees. This was followed by a Supreme Court decision in 2016 that included private bank employees operating under the authority of the RBI, in the definition of “public servants” under the Prevention of Corruption Act, 1988. This was done to ensure the smooth integrity of the RBI cases of private bank connections.

Functions of CVC: 

• They direct the operation of the Delhi Special Police Establishment because it relates to offenses under the Anti-Corruption Prevention Act, 1988, and will also provide guidelines for fulfilling responsibilities to them
• If the Central Government provides an indication of the allegations against a public servant under the Prevention of Corruption Act, 1988 then in that case the CVC will question
• They may also inquire about any complaint against a Member of the All India Service Group ‘A’ Central Government Service and officials referred to by the central government under the Anti-Corruption Prevention Act, 1988
• They may review any progress of the CBI investigation under the Prevention of Corruption Act, 1988, and any government official under the Criminal Procedure Code, 1973 (2 of 1974)
• Various advice can also be given by them to the central government, state-owned enterprises, or organizations under the Central Act whether they refer to the Central Vigilance Commission
• The central government needs to consult with the CVC which makes laws and regulations governing the monitoring and disciplinary matters concerning members of the Central and All-India Services
• The Director of Public Prosecutions under the CBI Prosecution Service will be appointed by the Central Government on the recommendation of the Central Monitoring Commission
• It also has the power to conduct an initial investigation into Lokpal complaints (Due to changes made by the Lokpal and Lokayukta Act, 2013)

Submission of reports by CVC

It will be the Commission’s responsibility to submit an annual report to the President on the work done by the Commission within six months of the end of the year. Upon receipt of the report, the President shall make the same declaration before each House of Parliament.

Conclusion

Corruption measures and the Central Government’s drive to act responsibly by establishing an independent institution, have made progress over time. From the administrative unit, established by a government decision to the official authorities in terms of the CVC Act, 2003, the powers conferred on it have increased significantly. The government has expanded its power and authority to such an extent that the Commission’s warning campus now integrates with the banks of private companies. The Commission’s challenges faced by lawmakers and the courts are addressed in order to ensure effective and efficient administration. Therefore, greater detail can be seen in the power and control of the Commission from its inception.