Wednesday, June 6, 2018

Central Vigilance Commission

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Central Vigilance Commission

The CVC was established in 1964 by an executive resolution upon the recommendation of Santhanam Committee on Prevention of Corruption (1962-64). In 2003, the Parliament enacted a law conferring statutory status on the CVC.

In 2004, the Government of India authorized the CVC as the “Designated Agency” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action. The CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.

Composition

The CVC is composed of a Chairperson (Central Vigilance Commissioner) and not more than two members. The President appoints them upon the recommendation of a committee comprising of:

The Prime Minister as its head
Union Minister of Home Affairs
Leader of Opposition in Lok Sabha
They hold office for a term of four years or until they attain the age of sixty-five years, whichever is earlier. They are not eligible for further employment under the Central or a State Government upon expiry of their term.

Student Notes:

The appointment of P.J. Thomas as CVC in 2011 was quashed by the Supreme Court since he was an accused in Kerala Palmolein case under Prevention of Corruption Act.

Removal

The President can remove any member from office under the following circumstances:

1. If he is adjudged insolvent; or
2. If he has been convicted of an offence which (in the opinion of the Central Government) involves a moral turpitude; or
3. If he engages, during his term of office, in any paid employment outside the duties of his office; or
4. If he is (in the opinion of the President), unfit to continue in office by reason of infirmity of mind or body; or
5. If he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition, the President can remove any member on the grounds of proved misbehavior or incapacity. However, in this case, the President has to refer the matter to the Supreme Court for an enquiry. If, after the enquiry, the Supreme Court upholds the cause of removal and advises so, the President can remove him. He is deemed to be guilty of misbehavior if:

He is concerned or interested in any contract or agreement made by the Central Government, or
He participates in any way in the profit of such contract or agreement or in any benefit or emolument arising there from, otherwise than as a member and in common with the other members of an incorporated company.

Functions

With respect to CBI:

To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) (i.e. CBI)with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CrPC for certain categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility;
To give directions and to review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act;
As a fallout of the Vineet Narain case, the Supreme Court of India ruled that the Director of the CBI (and Director of Enforcement) should be appointed on the recommendations of a Committee headed by the Central Vigilance Commissioner, the Home Secretary and the Secretary in the Department of Personnel as members. The Committee should also take the opinion of the incumbent Director CBI before forwarding their recommendations to the Appointments Committee of the Cabinet.
The Committee concerned with the appointment of the Director of CBI is also empowered to recommend, after consultation with the Director (CBI), appointment of officers to the posts of the level of SP and above in DSPE.

Student Notes:

The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement, appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement.

With respect to Vigilance:

To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organization, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.
To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Government of India and other organizations to which the executive power of the Union extends; and
To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.
Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services
The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All India Services.

Working of CVC

The CVC conducts its proceedings at New Delhi. It has the powers of a Civil Court and is empowered to regulate its own procedure. It may call for information or report from the Central Government or its authorities so as to enable it to exercise general supervision over the vigilance and anti-corruption work.

The CVC, after receiving the report of the inquiry undertaken by an agency, advises the Central Government or its authorities upon further course of action. The Central Government or its authorities shall consider such advise and take appropriate action. If it does not agree with the advise of the CVC, it shall communicate the reasons for the same to the CVC.

Annual report of performance of CVC has to be presented to the President. The President places this report before each House of the Parliament.

All Ministries/Departments in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance Division of the organization concerned, assisting and advising the Secretary or Head of Office in all matters pertaining to vigilance. He also provides a link between his organization and the Central Vigilance Commission on the one hand and his organization and the Central Bureau of Investigation on the other.

Student Notes:

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