CENTRAL VIGILANCE COMMISSION
(i) The CVC receives complaints on corruption or misuse of office and to recommend appropriate action.
Following institutions, bodies, or a person can approach to CVC: Central government, Lokpal, Whistle blowers(A whistleblower is a person, who could be an employee of a company, or a government agency, or an outsider)
(ii) It is not an investigating agency. The CVC either gets the investigation done through the CBI or through chief vigilance officers (CVO) in government offices.
(iii) It is empowered to inquire into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants.
(iv) Its annual report gives the details of the work done by the commission and points to systemic failures which lead to corruption in government departments.
(i) The Special Police Establishment (SPE) which was set up in 1941 by the Government of India.
(ii) By 1963, the SPE was authorised to investigate offences under 91 different sections of Indian Penal Code (IPC) and 16 other Central Acts besides offences under the Prevention of Corruption Act 1947.
(iii) On the recommendations of the Santhanam Committee on Prevention of Corruption, Central Bureau of Investigation (CBI) was established by a resolution of the Ministry of Home Affairs on April 1, 1963.
(iv) In 1964, the Central Vigilance Commission (CVC) was set up by the Government on the recommendations of Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance.
(v) The Supreme Court in the judgement of Vineet Narain & Others vs. Union of India (1997), gave directions regarding the superior role of CVC.
(vi) The Supreme Court in a Writ Petition filed after the murder of Shri Satyendra Dubey in 2003, a whistle-blower, directed that a machinery be put in place for acting on complaints from whistle-blowers till a law is enacted.
(a) In pursuance of that direction, the Government of India notified the Public Interest Disclosure and Protection of Informers Resolution (PIDPI), 2004:
(vii) Through subsequent ordinances and legislations the Government has added to the functions and powers of the Commission.
(viii) In 2013, the Parliament enacted the Lokpal and Lokayuktas Act, 2013.
The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI). For investigation work, CVC has to depend on two external sources CBI and Chief Vigilance Officers (CVO).
The Central Vigilance Commission
Multi-member Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Member).
The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President on the recommendations of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the House of the People (Member).
The term of office of the Central Vigilance Commissioner and the Vigilance Commissioners is four years from the date on which they enter their office or till they attain the age of 65 years, whichever is earlier.
The Secretariat consists of a Secretary, four Additional Secretaries, thirty Directors/Deputy Secretaries (including two Officers on Special Duty), four Under Secretaries and office staff.
Integrity Index Development (IID)
CVC Act 2003
The Lokpal and Lokayuktas Act, 2013
(i) The Act has amended some provisions of CVC Act, 2003 whereby the Commission has been empowered to conduct preliminary inquiry into complaints referred by Lokpal in respect of officers and officials of Group ’B’, C & T)', besides:
(ii) The preliminary inquiry reports in such matters referred by Lokpal in respect of Group A and B officers are required to be sent to the Lokpal by the Commission.
(iii) The Commission is also mandated to cause further investigation (after preliminary enquiry) into such Lokpal references in respect of Group ‘C7 & CD' officials and decide on further course of action against them.
The Whistleblowers Protection Act, 2014
(i) The Whistleblowers Protection Act, 2014 empowers the Commission as the competent authority:
Limitations of CVC
In the recent past, India has emerged as a progressive and vibrant economy. With the rapid growth in all sectors of the economy, huge investments were made in country's infrastructure, construction, retail and many other sectors in the government. Rapid growth in economy throws up C VC s’ challenges in the fight against the menace of corruption.