Central Vigilance Commission: Role and Functions

The Central Vigilance Commission, the top institutional vigilance authority in India, is independent of all executive bodies. As a component of the Indian Central Government, it is in charge of overseeing all vigilance operations. The CVC also suggests that the Central Government organize, carry out, and modify its vigilance efforts. To achieve efficiency and the effectiveness of the workforce with regard to a certain organization, vigilance involves taking timely and transparent administrative action.

Objectives

On the basis of the Committee for the Prevention of Corruption's recommendations, led by Shri K Santhanam, the Government of India established the Central Vigilance Commission in February 1964. The Central Vigilance Commission Act, approved by Parliament in 2003, gave the central vigilance commission legal standing. The Central Vigilance Commission is not currently managed by any government or department. It is a separate entity that is answerable to Parliament.

Background

The following are the reasons which led to the development of the act −

• The Special Police Establishment (SPE) was established by the Indian government in 1941. The SPE's first duties were to look into accusations of bribery and corruption involving deals with the Indian War and Supply Department during World War II.

• Despite the fact that the conflict was finished, the central government believed that a body should be in place to look into accusations of bribery and corruption. As a result, in 1946, the Delhi Special Police Establishment Act (DPSE) was passed.

• The Special Police Establishment's supervision was being transferred to the Home Department after the DPSE went into effect. All Union territories and states received the expansion of jurisdiction, but only with the approval of the state administration.

• However, it was believed that a Central Police Agency was necessary in order to investigate cases of passport fraud, crime on the high seas, crime on airplanes, and any other violations of central fiscal regulations, in addition to those involving bribery and corruption.

• As a result, on April 1, 1963, the Home Affairs Ministry passed a resolution creating the Central Bureau of Investigation (CBI) based on the recommendations of the Santhanam Committee on the Prevention of Corruption. Later, it was given to the Ministry of Personnel, where it now operates as an affiliated office.

• Based on the Santhanam Committee's recommendations, the Central Vigilance Commission was established in 1964. In the landmark Vineet Narain & Others v. Union of India decision from 1997, the Supreme Court did, however, mandate that, in the event that the Central Bureau of Investigation's conduct was criticized, the Central Vigilance Commission should be given a supervisory function above the CBI.

• The Central Vigilance Commission was given statutory standing by an ordinance that the federal government issued in 1998. Additionally, it provided the CVC the authority to supervise the DPSE and monitor the status of investigations into offenses under the Prevention of Corruption Act of 1988.

• With the passage of the Central Vigilance Commission Act in 2003, the Commission received legislative standing.

• The Central Vigilance Commission became a multi−member body after the Central Vigilance Commission Act of 2003 was passed, with the Central Vigilance Commissioner serving as the chairperson and no more than two additional vigilance commissioners to be chosen by the President.

• The government has expanded the Commission's roles and authority throughout time through numerous laws and regulations.

Provisions under the Act

The Act consists of 27 sections in 5 chapters and schedules. Thus, the following are the provisions under the act −

Provisions	Chapters	Description
Section 1−Section 2	I	Preliminary
Section 3−Section 7	II	The Central Vigilance Commission
Section 8−Section 12	III	Functions and powers of the central vigilance commission
Section 13−Section 14	IV	Expenses and annual report
Section 15−Section 27	V	Miscellaneous

Functions of CVC

An entirely independent body and directly regulated by the parliament, Central Vigilance Commission not an investigating agency but rather it is a statutory body that receives corruption complaints and thereafter take an appropriate action.

Secondly, central government, lokpal, and whistle blowers can approach CVC. Based on the complaint, CVC is responsible and authorized to inquire the reported offences alleged to have been committed under the Prevention of Corruption Act, 1988.

Structure of CVC

The functions of the Central Vigilance Commission are −

• There is a Central Vigilance Commissioner (Chairperson) and up to two other Vigilance Commissioners on this commission.

• On the advice of a different committee made up of the Prime Minister (Chairperson), the Leader of the Opposition (Member), and the Minister of Home Affairs, the President selects the Vigilance Commissioners and the Central Vigilance Commissioner (Member).

• The terms of the Vigilance Commissioners and the Central Vigilance Commissioner are four years, or from the date of their appointment until they become 65 years old, whichever comes first.

Governance

The Central Vigilance Commission is composed of the Chief Technical Examiners' Wing (CTE), the Commissioners of Departmental Inquiries Wing, and the Secretariat. The Chief Vigilance Officer and the CBI are two external resources that the CVC uses for investigation−related work.

Governance

The Secretariat is made up of 30 Directors or Deputy Secretaries, 4 Under Secretaries, 2 officials on special assignment, and 4 Additional Secretaries.

Chief Technical Examiners’ Organization (CTEO)

The technical division of CVC is managed by two Chief Engineers (as CTEs), with support personnel consisting of other engineers.

Their main duties are as follows −

• investigating instances, including those involving concerns regarding building projects,

• helping the CBI with their technical inquiries and evaluations of Delhi properties.

• provide technical vigilance case advice or support to CVOs and the Commission.

Commissioners for Departmental Inquiries (CDIs)

The remaining three of the 14 positions for Commissioners for Departmental Inquiries (CDI) are in the ranks of Deputy Secretaries. Of the 14 positions, 11 are for directors.

In accordance with the departmental procedures against public employees, this department's inquiry officers interview witnesses orally.

Conclusion

Corruptions at any stage or in any department is just like a termite that destroys the administrative systems and ultimately the concept of good governance. Therefore, parliament has created the Central Vigilance Commission, which is a powerful vigilance body that monitors and controls all sorts of corruptions and ensure the development of the nation.

Frequent Asked Questions

Q. When did the Central Vigilance Commission Act come into existence?

The Central Vigilance Commission Act came into effect on September 11, 2003.

Q. How many members are there in the Central Vigilance Commission Act?

The Central Vigilance Commission Act has three members− The Central Vigilance Commissioner, Two Vigilance Commissioners (Maximum number of commissioners is 2).

Q. Whether the Central Vigilance Commission Act is a constitutional body?

No, the Central Vigilance Commission Act does not create a constitutional body. It is a statutory body established in the year 1964 through an executive resolution of the Central Government. The commission was set up on the recommendation of the K. Santhanam Committee on Prevention of Corruption.

Q. Is the Central Vigilance Commission Act a quasi−judicial body?

Yes, the Central Vigilance Commission is a Quasi−Judicial, Statutory, and Regulatory body that was set up by the government of India in February 1964 to address governmental corruption. Its headquarters is located in New Delhi.

Q. How can we lodge complaint to CVC?

There are, usually, two ways of filing complaint to CVC; the first is − write a complaint letter addressing directly to the CV Commissioner siting the specific facts and issues related to corruption. The second one is − log on the CVC website and file the complaint directly. But before filing such complaint, one needs to ensure that the person/organization against whom you are filing complaint, comes under the jurisdiction of CVC

Q. Does CVC receive complaint against anybody?

Not exactly, CVC can accept complaints only against the person/organization that falls under its jurisdiction.

What is the jurisdiction of CVC?

CVC has jurisdiction only on −

• Ministries/Departments (Central Government)

• Public Sector Undertakings (Central Government)

• Nationalized Banks

• Insurance Companies

• Autonomous organizations like Port Trusts etc.

• Centrally administered territories including Delhi, Chandigarh, Andaman & Nicobar, Puducherry, etc.

Q. Does CVC have jurisdiction over state government?

No. CVC has no jurisdiction over state government and any other private person/organization

Q. Does CVC entertain anonymous/pseudonymous complaints?

No, CVC does not entertain any such complaint filed anonymously. But yes, in given situation, CVC does not disclose the complainants’ identity.