June 25, 2024
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Central Vigilance Commission of India

Central Vigilance Commission of India, Lawforeverything

On this page you will read detailed information about Central Vigilance Commission of India.

You are likely familiar with corruption and oversight issues that plague many governments and public institutions around the world. While vigilance commissions and anti-corruption agencies have become more commonplace globally, India’s Central Vigilance Commission has a particularly interesting history and expansive mandate. Created in 1964, the CVC has a wide remit to ensure integrity, transparency and accountability across the Indian government. As the apex oversight body charged with monitoring and tackling corruption, the CVC wields extensive advisory and investigative powers. This article provides an informative overview of the CVC – from its establishment and evolution to its organizational structure and major responsibilities. You will gain key insights into how the CVC operates as well as some of its notable achievements and challenges. Understanding the CVC’s critical anti-corruption role shines a light on India’s efforts to rein in misconduct in public life.

What Is the Central Vigilance Commission?

The Central Vigilance Commission (CVC) is the main agency in India responsible for preventing corruption and ensuring integrity in administration. Established in 1964, the CVC is an independent statutory body that reports directly to the President.

Role and Functions

The CVC’s primary role is to inquire or investigate allegations of corruption against public officials and government employees. It exercises superintendence over the vigilance administration of the central government and advises various authorities in planning, executing, reviewing, and reforming their vigilance work.

Organization

The CVC consists of a Central Vigilance Commissioner and two Vigilance Commissioners appointed by the President of India. They are supported by the Chief Vigilance Officers (CVOs) in each department or organization of the central government who report to the CVC. The CVC also maintains close liaisons with the Comptroller and Auditor General of India, the Lokpal, the Central Bureau of Investigation, and the police forces.

Powers

The CVC has the power to conduct inquiries or investigations into complaints alleging offences under the Prevention of Corruption Act 1988. It can call for reports, returns and statements from the CVOs and the organizations under its purview. The CVC reviews the reports of the CVOs on the vigilance work undertaken by them in their respective organizations. It also reviews the investigation reports of the CBI in important cases. The CVC’s recommendations are advisory in nature and are not binding on the concerned government organizations. However, the Supreme Court has ruled that such advice should ordinarily be accepted.

The CVC strives to achieve excellence in vigilance administration in India through an approach that is balanced, constructive and solution-oriented. By advising and guiding organizations on effective vigilance procedures and practices, it aims to enhance integrity and transparency across the governance spectrum.

History and Formation of the Central Vigilance Commission

The Central Vigilance Commission (CVC) was established in 1964 by the Government of India’s Resolution on the Recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam. The CVC was set up to advise and guide the Central Government agencies in the matters of vigilance. The Commission consisted of a Chairman and two Members appointed by the Central Government.

Reconstitution of the Central Vigilance Commission

The Parliament enacted the Central Vigilance Commission Act in 2003 which provided statutory status to the CVC. The Act provided for constitution of a Central Vigilance Commission to inquire or cause inquiries to be conducted into offences alleged to have been committed under the Prevention of Corruption Act, 1988 by certain categories of public servants. The Commission shall consist of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Members). They are appointed by the President on recommendation of a Committee consisting of the Prime Minister as Chairperson, the Minister of Home Affairs and the Leader of the Opposition in the House of the People.

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Functions and Powers

The CVC has the power to review the progress of investigations conducted by the Delhi Special Police Establishment (CBI) and the power to supervise the functioning of the Delhi Special Police Establishment. The Commission exercises superintendence over the functioning of the Delhi Special Police Establishment in so far as it relates to the investigation of offences under the Prevention of Corruption Act. The CVC also exercises superintendence over the vigilance administration of various Ministries and Departments of the Central Government and Central Public Sector Undertakings (CPSUs).

The CVC advises various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work. The Central Vigilance Commission strives to promote integrity, objectivity and high ethical standards in public services. It aims to combat corruption and ensure probity and integrity in governance.

Organizational Structure of the CVC

The Central Vigilance Commission (CVC) has a well-defined organizational structure to carry out its functions effectively. The Commission consists of a Central Vigilance Commissioner (Chairperson) and two Vigilance Commissioners (Members). They are appointed by the President of India on the recommendations of a Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.

The Secretariat

The CVC Secretariat, headed by a Secretary, provides administrative support to the Commission. It has two distinct wings – the Technical side and the Administrative side. The Technical side comprises of Chief Technical Examiners’ Wing and the Technical Examiners’ Wing. The Chief Technical Examiners’ Wing oversees and coordinates the work of Technical Examiners’ Wings in the Ministries/Departments. The Administrative side provides personnel, finance, infrastructure, and logistic support to the Commission.

Chief Vigilance Officers

The CVC appoints Chief Vigilance Officers (CVOs) in all Ministries/Departments of the Central Government and CPSUs to strengthen preventive vigilance activities in the organizations. The CVOs function as the extended arms of the CVC. They are entrusted with the responsibility of coordination of vigilance work in their organizations under the overall supervision of the CVC.

Advisory Board

The CVC is assisted in its functioning by the Advisory Board, which was constituted in 1964. It comprises of two Members of Parliament, two representatives of the Comptroller and Auditor General of India, and two eminent public persons with experience in public administration. The Board advises the Commission on important matters related to vigilance administration.

By adhering to this organizational structure, the CVC is able to carry out its mandate in an effective manner through proper delegation of powers and responsibilities. The multi-layered setup also ensures that vigilance activities in government organizations are closely monitored and supervised.

Powers and Functions of the Central Vigilance Commission

Investigation and Inquiry

The Central Vigilance Commission has the power to investigate or inquire into any transaction in which a public servant is suspected or alleged to have acted for an improper purpose or in a corrupt manner. It can initiate such investigations either on the basis of any information received by it or on its own. The Commission will investigate the allegations against the public servants to establish the truth or otherwise in the complaints.

Superintendence over Vigilance Administration

The Central Vigilance Commission exercises superintendence over the Vigilance administration of various Ministries and Departments of the Central Government or Corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by the Central Government. The Chief Vigilance Officers of the Ministries and the Departments of the Central Government and equivalent officers in the Corporations, Government companies, societies and local authorities come under the superintendence of the Central Vigilance Commission.

Advisory Role

The Central Vigilance Commission advises various authorities in all matters relating to the promotion of integrity and efficiency in administration. It advises the Government on vigilance matters including measures related to the prevention of corruption in public services. It reviews the progress of investigations conducted by the Chief Vigilance Officers and advises them in respect of cases requiring coordinated efforts from more than one agency. It also advises the Government on personnel or administrative aspects of vigilance.

Coordinating Role

The Central Vigilance Commission coordinates the activities of the Chief Vigilance Officers and equivalent officers in the Corporations, Government companies, societies and local authorities. It reviews the reports of the Chief Vigilance Officers on various matters and advises them on improving vigilance administration. It calls for reports and returns from the Chief Vigilance Officers and analyses them. It conducts meetings and seminars with the Chief Vigilance Officers to discuss problems and suggest remedies.

Role of the CVC in Fighting Corruption

The Central Vigilance Commission (CVC) plays an integral role in India’s fight against corruption. As an independent agency, the CVC’s primary objective is to advise and guide central government agencies in planning, executing, reviewing and reforming their vigilance work. The CVC was established in 1964 and administers the Preventive Vigilance framework for India’s central government employees.

Conducting Inquiries and Investigations

One of the CVC’s crucial responsibilities is overseeing inquiries and investigations into suspected corruption cases. The CVC examines complaints and can authorise the Central Bureau of Investigation (CBI) to conduct further inquiries if required. The CVC reviews reports submitted by Chief Vigilance Officers (CVOs) and assesses whether further investigation by the CBI is warranted based on the vigilance angle involved.

Advisory Role

The CVC acts as an advisory body and issues instructions to improve transparency and accountability in government functioning. It advises ministries and public sector undertakings on how to strengthen anti-corruption measures in critical areas like procurement, privatisation, recruitment and regulatory functions. The CVC also provides guidance to CVOs in government departments and organisations on how to discharge their vigilance functions effectively.

Monitoring and Evaluation

Monitoring various anti-corruption activities is integral to the CVC’s role. It regularly reviews measures taken by organisations to reduce corruption and assesses their compliance with guidelines issued by the CVC. The CVC conducts performance reviews of CVOs to evaluate how vigilance functions are being discharged in central government organisations. It also examines audit reports to check for flaws in systems that enable corruption.

To fulfil its mandate, the CVC uses its autonomy and independence to regulate government functioning through vigilance administration and preventive anti-corruption measures. By conducting inquiries, providing guidance and continuously monitoring activities, the CVC aims to enhance transparency and accountability in India’s central government.

Limitations and Criticisms of the Central Vigilance Commission

The Central Vigilance Commission (CVC) faces certain limitations and criticisms in fulfilling its mandate.

The CVC lacks any direct authority over government agencies and departments. It can only make recommendations on vigilance matters and anti-corruption inquiries. The CVC does not have the power to directly penalize government officials for misconduct or corruption. Its recommendations are advisory and the concerned government agency has the final authority on what action, if any, will be taken. The CVC’s lack of enforcement power has been seen as a significant constraint on its effectiveness.

The CVC’s jurisdiction is limited to employees of central government agencies and public sector undertakings. It does not have any authority over state government bodies, private sector entities or non-governmental organizations. Corruption and lack of transparency in these sectors also significantly impact governance and administration in India but remain outside the purview of the CVC.

The CVC has been criticized for inadequate transparency and accountability. Its reports and inquiry findings are not always made public in a timely manner. Delays in investigation and lack of updates have raised concerns about the CVC’s internal processes. The CVC’s own operations and administration are not subject to any independent oversight. This has led to calls for an external watchdog for the CVC.

The CVC faces severe resource and capacity constraints. It has a sanctioned staff strength of only 299 but oversees thousands of central government agencies and public sector companies. This limits the CVC’s ability to proactively monitor bodies under its jurisdiction and conduct in-depth inquiries into vigilance cases. Additional funding and human resources are required for the CVC to function effectively given its broad mandate.

In summary, while the CVC plays an important role in promoting integrity and transparency in governance, it faces several limitations and criticisms regarding its jurisdiction, powers, transparency, resources and operational capacity. Reforms and more autonomy may be required for the CVC to achieve its full potential as India’s main anti-corruption watchdog.

Recent Initiatives and Developments

The Central Vigilance Commission (CVC) has undertaken several recent initiatives and developments to strengthen India’s anti-corruption framework.

One such initiative is the adoption of an Integrity Index to assess different government departments on parameters such as transparency, accountability and integrity. The CVC aims to rank ministries and departments based on their vulnerability to corruption and publish the results to increase transparency and accountability. Departments will be able to utilize the rankings to improve their anti-corruption measures.

The CVC has also been promoting the use of technology to tackle corruption. It has developed an online portal called VIGEYE or ‘Vigilance Eye’ to enable citizens to file online complaints about corruption by public servants. The portal aims to encourage citizens to report instances of corruption and make the complaint filing process simpler and more accessible. The CVC has also advocated the increased use of data analytics to detect and prevent corruption in government departments.

In addition, the CVC has stressed the importance of preventive vigilance to curb corruption. It has organized various workshops and training programs for vigilance officers to help them better understand corruption risks and develop preventive measures. The CVC aims to move from a punitive approach focused on investigating and prosecuting corrupt acts to a preventive approach that can detect and eliminate the root causes of corruption.

The CVC’s recent initiatives demonstrate its commitment to strengthening integrity and fighting corruption through technology, preventive measures and increased transparency. By undertaking these anti-corruption initiatives and developments, the CVC is working to achieve its vision of promoting integrity, transparency and accountability in public governance.

The Future of the Central Vigilance Commission

The Central Vigilance Commission (CVC) has an important role to play in reducing corruption and ensuring integrity in administration in India. However, the CVC faces significant challenges in fulfilling its mandate effectively.

To strengthen the CVC, the government should provide it more autonomy and independence. At present, the CVC has advisory powers only and depends on the central government for its budget and staff. Greater autonomy will allow the CVC to function without fear or favor. The CVC should have the power to take action against corrupt officials rather than just recommending action to the central government.

The CVC requires more resources to address the large volume of complaints it receives. With enhanced financial and human resources, the CVC can expand its reach, especially to rural and remote areas. It can create more awareness about its role and functions. Additional resources will also allow the CVC to adopt new technologies that can make its processes more efficient and transparent.

The CVC should improve its coordination with other anti-corruption agencies like the Lokpal, Comptroller and Auditor General (CAG), and Central Bureau of Investigation (CBI). Closer coordination will reduce duplication of efforts and allow for more effective action against corruption. The CVC can sign memorandums of understanding with such agencies to facilitate exchange of information and synchronized action.

To conclude, the Central Vigilance Commission should be given more autonomy and resources. It should also improve its coordination with other anti-corruption agencies. Implementation of these recommendations will strengthen the CVC and support its efforts to curb corruption and promote integrity in the administration of the central government. Overall, a stronger CVC can help achieve the vision of a corruption-free India.

FAQs About the Central Vigilance Commission

The Central Vigilance Commission (CVC) is India’s apex vigilance institution, free of control from any executive authority. Established in 1964, the CVC is charged with monitoring all vigilance activity under the Central Government and advising various authorities in planning, executing, reviewing and reforming their vigilance work.

Q1: What are the CVC’s main functions?

The CVC’s primary functions are:
I) Exercising superintendence over vigilance administration of various Ministries/Departments/Organisations of the Central Government.
II) Advising the Central Government on all matters pertaining to vigilance.
III) Tendering advice to the Central Government on the appointment, confirmation, suspension and removal of Chief Vigilance Officers (CVOs).
IV) Conducting investigations into complaints against public servants.
V) Reviewing the progress of investigations conducted by the CVOs.
VI) Reviewing the reports of CVOs on the functioning of vigilance units.

Q2: What types of complaints does the CVC address?

The CVC addresses complaints related to offences such as corruption, maladministration, abuse of authority, nepotism, and administrative excesses, as well as complaints arising out of violations of laws/rules/procedures. Such complaints may be received against public servants, including those serving in corporations established by the Central Government.

Q3: How can complaints be filed with the CVC?

Complaints can be submitted to the CVC in writing via post or email. The CVC accepts anonymous/pseudonymous complaints. Complainants are requested to provide details of the allegations and supporting evidence. Vague or unspecified complaints are not actionable. Complainants can also file complaints with the CVC through the Centralized Public Grievance Redress and Monitoring System (CPGRAMS) portal.

To summarize, the Central Vigilance Commission aims to ensure integrity, objectivity, accountability and transparency in government functioning through independent and unbiased vigilance administration. By addressing grievances and complaints against corruption and maladministration, it strives to achieve good governance, foster confidence in the system of administration and gain trust of all stakeholders.

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