This article is written by Sarwar Nagpal of 1st Year of ILS Law College, Pune, an intern under Legal Vidhiya.
Abstract:
The article discussed about the Central Vigilance Commission in India. The term vigilance means surveillance and taking care for protection. The work of Vigilance commission is surveillance of corruption cases and prevents corruption and scams in government departmental offices. The research discusses about the aim of the commission, timeline of its origin and development, structure of the commission and each task every organ performs. The article also researched about the functions of the commission and the limitations or problems faced by it. In the conclusion, it also tells about the importance of the commission along with its crucial role.
Keywords:
Anti-corruption, CBI, Delhi Police Establishment Act, Santhanam Committee, Prevention of Corruption Act, 1947, functions and tasks.
Introduction:
The Central Vigilance Commission (CVC) stands as a beacon of integrity and accountability within the governmental framework of a nation. Established with the aim of eradicating corruption and promoting transparency in public administration, the CVC serves as an independent and powerful anti-corruption institution. With its unwavering commitment to safeguarding the interests of the common citizen and ensuring the ethical conduct of public servants, the Central Vigilance Commission plays a vital role in fostering a culture of probity and fairness in governance. Through its multifaceted approach, encompassing prevention, detection, and investigation of corruption, the CVC strives to uphold the principles of justice, honesty, and good governance, ultimately contributing to the progress and welfare of the nation. It is also the apex vigilance institution.
Origin and Development:
The Origin of this commission has a long and complex history. Its origin lies in ‘Special Police Establishment’ passed in 1941 by then British Government of India. Its sole purpose was to investigate matters of bribery and corruption in transactions with War & Supply Department of India. Even after the war ended, the need of a central commission was felt who looks into the matter of Bribery and Corruption by central government employees. Therefore, Delhi Police Establishment Act was passed in 1946. After promulgation of this act, its superintendence was transferred to Ministry of Home Affairs and enlarged its function to cover all departments of Government of India. Its jurisdiction was also extended to all states and Union Territories of India. Prevention of Corruption Act 1947 was also passed; offences under this act were investigated by the establishment. By 1963, SPE was authorized to investigate offences under 91 different sections of Indian Penal Code [IPC] and 16 central acts.
During this time, it was felt that the agency was overburdened with the work which is resulting into inefficiency in its work. The cases of corruption in government departments and Ministry were continuously rising. The need was felt for a separate agency which would not only investigate cases of bribery and corruption but frauds of Public Joint Stock Companies, passport frauds etc. In June 1962, during the debate on demand of Home Ministry, many M. P’s referred to growing menace of corruption in administration. Taking in account the seriousness of matters, Pt. Lal Bahadur Shastri, then Home Minister of India set up a committee named Committee on Prevention of Corruption under the chairmanship of K. Santhanam.
The committee was expected to perform the following tasks:
[i]To examine the organization, set up, furictluns and, respurla. Sibilates of the Vigilance Units in Ministries and Departments of the Government of India and to suggest measures to make them more effective.
(ii) To examine the organization, strength, procedures and methods of work of the Special Police Establishment and the difficulties experienced by it, and to suggest measures to further improve its working.
(lii) To consider and suggest steps to be taken to emphasize tile responsibilities of each Department for checking corruption.
(iv) To suggest changes in law which would ensue speedy trial of cases of bribery, corruption and criminal misconduct, and make the law otherwise more effective.
(v) To examine the rules relating to disciplinary proceedings and to consider what changes are necessary in order to expedite these proceedings and to make them more effective.
(vi) To suggest measures calculated to produce a social climate both amongst public servants and in the general public in which bribery and corruption may not flourish.
(vii) To examine the Government Servants’ Conduct Rules and to recommend changes necessary for ensuring maintenance of absolute integrity in the public services.
(viii) To suggest steps for securing public support for anticorruption measures.
(ix) To consider special measures that may be necessary in corporate public undertakings to secure honesty and integrity amongst their employees.
The commission submitted its report and taking in account the report submission, Central Vigilance Commission was established in 1964. It was given responsibility to advise and guide Central Government agency in the field of vigilance. Before that, Central Beaureau of Investigation [CBI] was established in 1962. In Vineet Narain & others vs. Union of India [1997], The Supreme Court of India gave directions regarding supervisory role of the commission over CBI. After this, it was made a multi- member commission with statutory status with an ordinance passed by President. In 2003, CVC bill was passed by both houses of Parliament. Later, in 2004, it was authorized as ‘Designated Agency’ to receive written complaints and disclosure of any matter of corruption, misuse of power and suggest appropriate action by the Government of India.
Structure of CVC:
Chairperson: The CVC is headed by a chairperson who is appointed by the President of India on the recommendation of a committee consisting of Prime Minister, Home Minister and leader of opposition. The term of office is maximum of 4 years or the age of 65 years, whichever is earlier. The Chairperson is typically a retired or serving judge of the Supreme Court of India.
Members: The CVC consists of a maximum of two Vigilance Commissioners who are appointed by the President of India. The Vigilance Commissioners are also usually retired or serving judges of the Supreme Court of India or retired civil servants with expertise in vigilance matters.
Secretariat: The CVC is supported by a Secretariat that assists in carrying out its functions. The Secretariat is headed by a secretary who is an officer of the Indian Administrative Service (IAS) or a senior officer from the Indian Police Service (IPS) with experience in vigilance matters.
Chief Technical Examiner’s Organisation: It is the technical wing of CVC consisting of 2 chief engineers with supporting engineering staff. Its main function is technical audit of construction works and provides extension help to CBI in technical matters.
Commissioner for Departmental Inquiries: It consists of 14 posts of commissioners with 11 Director rank and 3 deputy director ranks. Its function is to conduct oral inquiries in departmental proceedings initiated against public servants.
Advisory Board: The CVC is assisted by an Advisory Board, which provides recommendations on matters related to vigilance and anti-corruption initiatives. The board consists of the Central Vigilance Commissioner, Vigilance Commissioners, and the Secretary of the Department of Personnel and Training (DoPT) or any other senior officer nominated by the DoPT.
Functions of CVC:
The following are the main functions performed by the commission:
Corruption Prevention: The CVC works to prevent corruption in the Central Government organizations by advising and guiding them on vigilance policies, procedures, and best practices. It formulates and recommends measures to be adopted for preventing corruption and improving governance systems.
Corruption Complaints: The CVC receives complaints of corruption or misconduct against public servants from various sources, including individuals, organizations, and whistle-blowers. It investigates and takes necessary action on such complaints or refers them to the appropriate authorities for further action.
Inquiries and Investigations: The CVC conducts inquiries and investigations into allegations of corruption or misconduct against public servants under its jurisdiction. It has the power of a civil court in matters such as summoning witnesses, examining them under oath, and compelling the production of documents.
Technical Examination: The CVC has a Technical Examination Division that examines specific cases involving technical aspects, such as procurement, contracts, tenders, and engineering projects. It ensures compliance with relevant rules, procedures, and standards to prevent corruption and malpractice.
Supervision and Monitoring: The CVC monitors the progress of vigilance cases and ensures timely action by the concerned authorities. It reviews the performance of the vigilance machinery in various government organizations and advises them on improvements to strengthen anti-corruption measures.
Advisory Role: The CVC provides advice and recommendations to the Central Government organizations on vigilance-related matters. It assists in formulating policies and guidelines to promote transparency, integrity, and accountability in public administration.
Whistle-blower Protection: The CVC plays a crucial role in protecting whistle-blowers who expose corruption or wrongdoing. It receives complaints from whistle-blowers, keeps their identities confidential, and takes appropriate measures to safeguard them from victimization.
Awareness and Training: The CVC conducts awareness programs and training sessions to educate public servants and the general public about the importance of integrity, ethics, and anti-corruption measures. It promotes a culture of ethics and transparency in public administration.
International Cooperation: The CVC cooperates with international organizations and counterparts in other countries to exchange information, experiences, and best practices in the field of anti-corruption. It participates in international forums and initiatives to combat corruption at a global level.
These functions collectively contribute to the CVC’s role in preventing corruption, promoting integrity, and ensuring accountability in the Central Government organizations in India.
Jurisdiction of CVC under Act of 2003:
Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government
Officers of the rank of Scale V and above in the Public Sector Banks
Officers in Grade D and above in Reserve Bank of India, NABARD, and SIDBI
Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings
Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings
Managers and above in General Insurance Companies
Senior Divisional Managers and above in Life Insurance Corporations.
Limitations of Commission:
It is only an advisory body. Its advice is not binding on government department.
Lack of resources for the commission in form of staff and technical support.
It does not have its own inquiry wing. It is dependent on CBI for the same.
CVC does not have the power to register criminal cases; it can only register cases of corruption and vigilance.
CVC just have a supervisory role for CBI. It cannot direct CBI to take actions on its suggestions.
CVC cannot direct CBI to take initiate inquiries against any officer of the level of joint secretary and above on its own.
The appointments are under the influence of Central Government.
Conclusion:
The Central Vigilance Commission (CVC) is an important institution in India that plays a crucial role in ensuring transparency, integrity, and accountability in public administration. As we conclude our discussion on the CVC, it is evident that this institution holds significant importance in combating corruption and promoting good governance.
Firstly, the CVC serves as the apex vigilance institution in India and acts as a watchdog against corruption in the public sector. It oversees the functioning of government departments, public sector undertakings, and autonomous bodies to detect and prevent corruption and misconduct.
Secondly, the CVC has the authority to investigate corruption complaints and take appropriate action against corrupt officials. It has the power to initiate inquiries, conduct investigations, and recommend disciplinary action, including prosecution, in cases of corruption and malpractice.
Thirdly, the CVC plays a vital role in developing preventive measures and promoting ethical practices in government organizations. It formulates policies, guidelines, and best practices to prevent corruption, promote integrity, and improve transparency in public administration.
Furthermore, the CVC acts as an advisory body to the government and provide recommendations to enhance the efficiency and effectiveness of the public administration system. It offers valuable suggestions to improve governance, streamline processes, and mitigate corruption risks.
It is important to note that the effectiveness of the CVC depends on various factors, such as its autonomy, adequate resources, and the cooperation of government agencies. To ensure its continued success, it is crucial for the CVC to have independence and the necessary powers to carry out its functions effectively.
In conclusion, the Central Vigilance Commission plays a crucial role in India’s fight against corruption and its efforts to promote integrity and transparency in public administration. By investigating corruption complaints, formulating preventive measures, and providing recommendations, the CVC contributes significantly to the overall goal of good governance and a corruption-free society.
References:
https://en.wikipedia.org/wiki/Central_Vigilance_Commission
https://www.clearias.com/central-vigilance-commission/
https://www.cvc.gov.in/sites/default/files/introduction.pdf
