CVC

Subject: Statutory National Organization

Context: CVC to receive vigilance clearance proposals only via email from November.

Concept:

• Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964.
• CVC was set up based on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam.
• The CVC became a Statutory Body with the enactment of CVC Act, 2003.
• The CVC is an independent body, free of control from any executive authority, (It is NOT controlled by any ministry or department).
• The CVC is responsible only to the Parliament.
• The CVC is NOT an investigating agency. The CVC may have the investigation done through the CBI or Chief Vigilance Officers (CVO) in government offices.

Functions of CVC

• The CVC monitors all vigilance activity under the Central Government
• It advises various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.
• The CVC recommends appropriate action on complaints on corruption or misuse of power.
• Lokpal, Central Government or Whistle blowers can approach the CVC regarding complaints.
• The CVC – Under Prevention of Corruption Act, 1988 – can inquire into offences reported against certain categories of Public Servants. (However, CVC is NOT an Investigating agency).
• The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission’s advises were ignored etc.

Composition of Central Vigilance Commission

• The CVC is comprised of 3 members: Central Vigilance Commissioner (Chairperson) and up to two Vigilance Commissioners (Members)
• President of India appoints CVC members by warrant under his hand and seal.
• The Oath of office is administered by the President.
• A three-member committee made of – The Prime Minister, The Home Minister and The Leader of Opposition in Lok Sabha – Makes the Recommendation for appointment of Vigilance Commissioners.
• The Vigilance Commissioners are appointed for a term of Four years OR until they attain 65 years of age (whichever is earlier).
• On retirement – they are NOT eligible for reappointment in any central or state government agency.

Removal of members (according to CVC Act)

• The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after the Supreme Court reports that the officer ought to be removed after inquiry, on a reference made to it by the President.
• Also, a member can be removed if the member:

Is Adjudged as an insolvent

Is convicted of an offence that involves moral turpitude according to Central Government

Engages in Office of profit outside the duties of his office

Is declared unfit by reason of infirmity of mind or body, by the President

Participates / Concerned / Interested to Participate – in any way in the profit / in any benefit – in any contract or agreement made by or on behalf of the Government of India