Central Vigilance Commission (CVC)

At a Glance

• What it is Apex vigilance institution against corruption in the Central government
• Established 1964; statutory status by the CVC Act, 2003
• Members Central Vigilance Commissioner and up to two vigilance commissioners
• Term Four years or age 65
• Exam link UPSC Prelims, Polity: Non-Constitutional Bodies

Where Does It Fit?

This is the third topic of the category on Non-Constitutional Bodies. The Central Vigilance Commission is the main agency for preventing corruption in the Central government. It was established in 1964 by an executive resolution, on the recommendation of the Santhanam Committee on Prevention of Corruption (1962-64), and was conferred statutory status by the Central Vigilance Commission Act, 2003.

Nature and Whistle Blower Role

The CVC is conceived as the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central government and advising authorities in planning, executing, reviewing and reforming their vigilance work. It is the designated agency to receive and act on complaints or disclosures of corruption or misuse of office from whistle blowers under the Public Interest Disclosure and Protection of Informers Resolution (PIDPI), 2004, popularly the Whistle Blowers Resolution, and is the only designated agency to take action against complainants making motivated or vexatious complaints.

Composition, Tenure and Removal

It is a multi-member body of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners, appointed by the President by warrant under hand and seal on the recommendation of a three-member committee of the Prime Minister (head), the Union Home Minister and the Leader of the Opposition in the Lok Sabha. They hold office for four years or until age 65, whichever is earlier, and are not eligible for further employment under the Central or a state government.

The President can remove any of them if adjudged insolvent, convicted of an offence involving moral turpitude, engaged in paid employment outside the office, unfit by infirmity of mind or body, or having acquired a financial or other interest likely to affect official functions prejudicially. For proved misbehaviour or incapacity the President must refer the matter to the Supreme Court, whose advice is followed. The salary of the Central Vigilance Commissioner is similar to that of the UPSC chairman and a vigilance commissioner’s to that of a UPSC member, and cannot be varied to disadvantage.

Organisation

Functions

1. Inquire or cause an inquiry on a Central government reference alleging that a Central public servant committed an offence under the Prevention of Corruption Act, 1988.
2. Inquire into complaints against members of the all-India services serving in the Union, Group A officers of the Central government and specified level officers of Central authorities.
3. Exercise superintendence over the Delhi Special Police Establishment (CBI) in so far as it relates to investigation of offences under the 1988 Act, and give directions to it.
4. Review the progress of CBI investigations and of applications pending for sanction of prosecution.
5. Advise the Central government and its authorities on referred matters.
6. Exercise superintendence over vigilance administration in Central ministries and authorities.
7. Inquire into complaints under the PIDPI Resolution and recommend action.
8. Be consulted by the Central government on rules governing vigilance and disciplinary matters of the Central and All-India Services.

Jurisdiction and Working

The jurisdiction extends to members of the All India Services serving the Union and Group A officers of the Central Government, officers of the rank of Scale V and above in public sector banks, officers in Grade D and above in the RBI, NABARD and SIDBI, chief executives and board-level executives and officers of E-8 and above in Schedule A and B public sector undertakings, and E-7 and above in Schedule C and D undertakings, managers and above in general insurance companies, senior divisional managers and above in the Life Insurance Corporation, and specified salary-level officers in societies and local authorities owned or controlled by the Centre.

The CVC works from its headquarters in New Delhi, regulates its own procedure and has all the powers of a civil court. On receipt of an inquiry report it advises the Central government or authority on further action, who must consider the advice and, if they disagree, communicate the reasons in writing to the CVC. It presents an annual report to the President, laid before each House of Parliament.

Whistle Blowers Protection Act (2014)

The Act protects the identity of whistle blowers who expose corruption, creates a system for disclosures about corruption or wilful misuse of power by public servants including ministers, and names the CVC as the competent authority to receive public interest disclosures, though the government may notify another body. It punishes false or frivolous complaints with up to two years in prison and a fine of up to Rs 30,000, requires every disclosure to be in good faith with a declaration that it is substantially true, allows disclosures in writing or by email with supporting documents, forbids action on a disclosure that does not indicate the identity of the complainant or public servant, and does not apply to the Special Protection Group.

Why Is This Topic Important?

• Anti-corruption mainstay Frequently asked with CBI and Lokpal
• Composition Appointment committee and tenure
• Whistle blower law Often tested

What Came Next?

The next topic covers the Central Bureau of Investigation.

Key People and Terms

• Santhanam Committee Recommended the CVC
• PIDPI Resolution Whistle blower complaint mechanism
• Chief Vigilance Officer Head of vigilance in a department
• CTE Chief Technical Examiners
• CDI Commissioners for Departmental Inquiries

Exam Corner

Mains Angle

Questions on this topic usually ask about the CVC and corruption control. Use these points to add depth.

• Superintendence CBI on corruption cases
• Advisory finality Government must record reasons for disagreeing
• Whistle blower role Receives disclosures
• Coverage Group A and senior bank officers