54. Central Vigilance Commission Flashcards
Composition: CVC
The CVC is a multi-member body consisting of a Central Vigilance Commissioner (Chairperson) and not more than two vigilance commissioners.
They are appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the union minister of home affairs and the leader of the opposition in the Lok Sabha.
They hold office for term of four years or until they attain age of 64 years whichever is earlier.
After their tenure, they are not eligible for further employment under the central or state government.
When and how the Central Vigilance Commission (CVC) was established?
The CVC is the MAIN AGENCY for PREVENTING CORRUPTION IN THE CENTRAL GOVT.
It was established in1964 by an executive resolution of the central government.
Its establishment was recommended by the SANTHANAM COMMITTEE on the PREVENTION OF CORRUPTION (1962-64)
Thus, originally the CVC was neither a constitutional body nor a statutory body.
Recently in September 2003, the Parliament enacted a law conferring statutory status on the CVC.
Functions: CVC
- To inquire or cause an inquiry or investigation to be conducted on a reference made by the Central govt wherein it is alleged that a public servant (being an employee of the central govt or its authorities), has committed an offence under the PREVENTION of CORRUPTION ACT, 1988.
- To inquire or cause an inquiry or investigation to be conducted into any complaint against any official belonging to the below mentioned category of officials wherein it is alleged that he has committed an offence under the PREVENTION of CORRUPTION ACT, 1988:
a) Members of All-India Services, serving in the Union and Group ‘A’ officers of the Central govt; and
b) Specified level of officers of the authorities of the Central govt. - To exercise superintendence over the functioning of Delhi Special Police Establishment (which is a part of CBI,Central Bureau of Investigation) in so far as it relates to offences alleged to have been committed under the PREVENTION of CORRUPTION ACT, 1988.
The Delhi Special Police Establishment is required to obtain prior approval of the Central govt before conducting any inquiry or investigation into an offence committed by officers of the rank of joint secretary and above in the central govt and its authorities.
- To give directions to the Delhi Special Police Establishment for the purpose of discharging the responsibility entrusted to it under the Delhi Special Police Establishment Act, 1946.
- To review the progress of investigations conducted by the Delhi Special Police Establishment into offences alleged to have been committed under the Prevention of Corruption Act, 1988.
- To review the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
- To tender advise to the Central govt and its authorities on such matters as are referred to it by them.
- To exercise superintendence over the vigilance administration in the ministries of the Central govt or its authorities.
Jurisdiction: CVC
The jurisdiction of the CVC extends to the following:
- Members of the All India Services serving in connection with the affairs of the Union and Group A officers of the Central govt.
- 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 Corporation.
- Officers drawing salary of ₹.8700/- p.m. and above on Central Govt D.A. pattern, as on the date of the notification and as may be revised from time to time in societies and other local authorities.
Working: CVC
- CVC conducts its proceedings at its head quarters (New Delhi). It is vested with the power to regulate its own procedure.
- It has all the powers of a Civil court and its proceedings have judicial character.
- It may call for information or report from the Central govt or its authorities so as to enable it to exercise general supervision over the vigilance and anti-corruption work in them.
- The CVC, on receipt of the report of the inquiry undertaken by any agency on a reference made by it, advices the central govt or its authorities as to the further course of action.
The central govt or its authorities shall consider the advice of the CVC and take appropriate action. However, where the Central govt or any of its authorities does not agree with the advice of the CVC, it shall communicate the reasons (to be recorded in writing) to the CVC.
- The CVC has to present annually to the President a report on its performance. The President places this report before each House of Parliament.
- The Central government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the All-India Services.
