Chapter 52: CENTRAL VIGILANCE COMMISSION
status of an autonomous and statutory body, free of
control from any executive
authority, charged with monitoring all vigilance
activity under the Central Government
of India, advising various authorities
in central Government organizations in planning,
executing, reviewing and
reforming their vigilance work.
Commission shall consist of:
Central Vigilance Commissioner - Chairperson;
more than two Vigilance Commissioners - Members;
are appointed by the president on recommendations of a
committee of PM + Home
minister + leader of opposition Lok Sabha. They occupy
post till age of 65 yrs
or 4 year term. They are not eligible for any other govt
appointment under centre
or state after ceasing to hold office.
is done by President on grounds of bankruptcy, unsound
mind, infirmity of body
or mind, sentenced to imprisonment for a crime, or engages
in paid employment
or has acquired financial or other interest that might
affect his judgment.
can also be removed for proved misbehaviour or incapacity
if SC inquiry finds
him guilty. They can resign by writing to president.
the functioning of the Delhi Special Police Establishment
(CBI) insofar as it
relates to the investigation for corruption related cases
directions to the Delhi
Special Police Establishment (CBI) for superintendence for
or cause an
inquiry or investigation to be made on a reference by the
or cause an
inquiry or investigation to be made into any complaint
received against any
official belonging to All India service and group A.
investigations conducted by the DSPE into corruption related
progress of the
applications pending with the competent authorities for
sanction of prosecution
of corruption related cases
advice to the Central
Government and its organizations on such matters as may be
referred to it by
the vigilance administrations of the various Central
Departments and Organizations of the Central Government
all the powers of
a Civil court while conducting any inquiry
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
Commissioner (CVC) is the Chairperson and the Vigilance
of the Committee, on whose recommendations, the Central
Government appoints the
Director of Enforcement
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
Commissioner (CVC) is also the Chairperson and the Vigilance
(Members) of the Committee empowered to recommend after
Director (CBI), appointment of officers to the post of the
level of SP and
above except Director and also recommend the extension or
curtailment of tenure
of such officers in the DSPE (CBI)
CVC is only an advisory body.
Central Government Departments are free to either accept
or reject CVC's advice
in corruption cases.
CVC does not have adequate
resources compared with number of complaints that it
receives. It is a very
small set up with sanctioned staff strength of 299.
Whereas, it is supposed to
check corruption in more than 1500 central government
CVC cannot direct CBI to initiate inquiries
against any officer of the level of Joint Secretary and
above on its own. Such permission
has to be obtained from the concerned department.
CVC does not have powers to
register criminal case. It deals only with vigilance or
CVC has supervisory powers over CBI. However, CVC does
not have the power to call for any file from CBI or to direct CBI to
investigate any case in a particular manner. CBI is under
control of Department
Personnel and Training (DoPT). Which means that, the
powers to appoint, transfer, suspend CBI officers lie with DoPT.
Appointments to CVC are
indirectly under the control of Govt
of India, though the leader of
the Opposition (in Lok
Sabha) is a member of the
Committee to select CVC and VCs. But the Committee
considers candidates put up
before it. These candidates are decided by the Government.
As a result, although CVC is
independent in its functioning, it has neither resources nor
powers to inquire
and take action on complaints of corruption that may act as
deterrence against corruption.
Prevention of Corruption Act, 1988
- Applies to all states except J&K. Does not apply to Army, Navy, Airforce, Navy,BSF, Coast guard, NSG.
- Trial is by a special judge and conducted on a day to day basis.
- No prosecution without sanction. But FIR can be lodged and investigation can begin.
- HC will hear appeals.
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