Central Vigilance Commission (CVC)

What is the Central Vigilance Commission (CVC)?

It is an agency constituted to curb corruption in offices of the Indian government. Complaints from whistleblowers (an employee of the firm/public office informing the public about frauds/wrongdoings in the office) under ‘Whistleblower Resolution’ are received by CVC after which the commission can take actions on motivated acts.

CVC is called the apex vigilance institution. It is free of control from any executive authority. Its role is to monitor all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.

It was set up by the Government of India in February 1964 based on the recommendations of the K. Santhanam Committee on Prevention of Corruption. Initially, it was a non-statutory body. In 2003, the Parliament enacted the Central Vigilance Commission Act, granting it statutory status. It is not a constitutional body but a statutory body.

Composition:
The CVC is a multi-member body consisting of:

• A Central Vigilance Commissioner (Chairperson)
• Not more than two Vigilance Commissioners (Members)

Appointment:

The Chairperson and other members are appointed by the President of India on the recommendations of a Committee consisting of:

• The Prime Minister (Chairperson)
• The Minister of Home Affairs
• The Leader of the Opposition in the Lok Sabha

Powers and Functions:

1. Superintendence over vigilance administration: It oversees the vigilance administration of various Central Government Ministries, Departments, and organizations.
2. Monitoring the Prevention of Corruption Act, 1988: It monitors investigations under this Act conducted by the Delhi Special Police Establishment (CBI) and Chief Vigilance Officers (CVOs).
3. Inquiry on reference: It inquires or causes inquiries/investigations to be made on references from the Central Government, Lokpal, or complaints received under the Whistleblower Protection Act.
4. Review of investigations: It reviews the progress of investigations conducted by the CBI into corruption allegations.
5. Review of prosecution sanctions: It reviews the progress of applications pending with competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.
6. Tendering advice: It advises the Central Government and its organizations on vigilance matters referred to it.
7. Superintendence over CBI: It exercises superintendence over the CBI in cases related to the Prevention of Corruption Act, 1988. However, it cannot direct the CBI to investigate or dispose of any case in a particular manner.
8. Calling for information: It can call for reports, returns, and statements from government entities to exercise its mandate.
9. Recommending disciplinary action: It recommends disciplinary actions against public servants in corruption cases.
10. Receiving whistleblower complaints: It is the designated agency to receive written complaints for disclosure on allegations of corruption or misuse of office under the “Public Interest Disclosure and Protection of Informers’ Resolution” (Whistleblower Resolution).
11. Preliminary inquiry on Lokpal referrals: It is empowered to conduct preliminary inquiries into complaints referred by the Lokpal concerning officers and officials of Groups A, B, C, and D.
12. Integrity Index: It develops an index to reflect transparency, accountability, and effective governance of public organizations.

Limitations:

1. Advisory body: It is primarily an advisory body, and the Central Government departments are free to either accept or reject its advice in corruption cases.
2. Limited resources: It often faces a lack of adequate resources compared to the number of complaints it receives.
3. Indirect control over CBI: While it has supervisory powers over the CBI, it does not have administrative control.
4. Appointments: Appointments to the CVC are indirectly under the control of the Union government.

In summary, the Central Vigilance Commission is a vital institution in India’s fight against corruption, acting as a watchdog over the executive and promoting transparency and accountability in governance.