Central Vigilance Commission (CVC)

Establishment

• Established in 1964 via executive resolution of the Central Government.
• Recommended by the Santhanam Committee on Prevention of Corruption (1962-64).
• Originally neither a constitutional nor a statutory body.
• Granted statutory status by the Central Vigilance Commission Act, 2003.
• Designated agency for handling complaints/disclosures from whistleblowers under the "Public Interest Disclosure and Protection of Informers' Resolution" (PIDPI), 2004 (Whistle Blowers' Resolution).
• Empowered to act against complainants making motivated or vexatious complaints.
• Apex vigilance institution, independent of executive control.
• Monitors vigilance activity and advises Central Government organizations.

Composition

• Multi-member body: Central Vigilance Commissioner (Chairperson) + not more than two Vigilance Commissioners.
• Appointed by the President via warrant, based on recommendations of a committee:
  • Prime Minister (Head)
  • Union Minister of Home Affairs
  • Leader of the Opposition in Lok Sabha. (If no recognized leader, then the leader of the single largest opposition group)
• Term: 4 years or until 65 years of age, whichever is earlier.
• Ineligible for further employment under Central or state government after tenure.

Removal of Commissioners

• By the President under the following circumstances:
  • Adjudged insolvent.
  • Convicted of an offence involving moral turpitude (in Central Government's opinion).
  • Engages in paid employment outside the duties of the office.
  • Unfit to continue in office due to infirmity of mind or body (in President's opinion).
  • Acquired financial or other interest affecting official functions prejudicially.
• On grounds of proved misbehavior or incapacity, but only after Supreme Court enquiry.
• Misbehavior includes:
  • Concerned/interested in any contract/agreement made by the Central Government.
  • Participates in profits of such contract/agreement, except as a member of an incorporated company.
• Salary, allowances, and service conditions:
  • CVC = Chairman of UPSC.
  • Vigilance Commissioner = Member of UPSC.
  • Cannot be varied to his/her disadvantage after appointment.

Organisation

• Secretariat
• Chief Technical Examiners' Wing (CTE)
• Commissioners for Departmental Inquiries (CDIs)
• Secretariat:
  • Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries and office staff.
• Chief Technical Examiners' Wing:
  • Chief Engineers (Chief Technical Examiners) and supporting engineering staff.
  • Functions:
    • Technical audit of construction works.
    • Investigation of construction-related complaints.
    • Assisting CBI in technical investigations and property valuation in Delhi.
    • Advising CVC and Chief Vigilance Officers in technical vigilance matters.
• Commissioners for Departmental Inquiries:
  • Inquiry Officers for oral inquiries in departmental proceedings against public servants.

Functions

1. Inquire/investigate references from Central Government regarding offences under the Prevention of Corruption Act, 1988, by Central Government employees.
2. Inquire/investigate complaints against specified officials regarding offences under the Prevention of Corruption Act, 1988:
   • Members of All-India Services in the Union and Group 'A' officers of the Central Government.
   • Specified level of officers of Central Government authorities.
3. Superintendence over Delhi Special Police Establishment (CBI) regarding investigation of offences under Prevention of Corruption Act, 1988.
4. Direct CBI regarding investigation of offences under Prevention of Corruption Act, 1988.
5. Review progress of CBI investigations into offences under Prevention of Corruption Act, 1988.
6. Review progress of pending applications for prosecution sanction under Prevention of Corruption Act, 1988.
7. Advise the Central Government and its authorities on matters referred to it.
8. Superintendence over vigilance administration in Central Government ministries/authorities.
9. Inquire into complaints under Public Interest Disclosure and Protection of Informers' Resolution and recommend action.
10. Central Government required to consult with CVC when making rules and regulations for vigilance and disciplinary matters.

Jurisdiction

Extends to:

1. All India Services members serving in the Union and Group A officers of the Central Government.
2. Officers of the rank of Scale V and above in Public Sector Banks.
3. Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
4. Chief Executives, Executives on the Board, and other officers of E-8 and above in Schedule 'A' and 'B' Public Sector Undertakings.
5. Chief Executives, Executives on the Board, and other officers of E-7 and above in Schedule 'C' and 'D' Public Sector Undertakings.
6. Managers and above in General Insurance Companies.
7. Senior Divisional Managers and above in Life Insurance Corporation.
8. Officers drawing salary of ₹8700/- per month (pre-revised) and above on Central Government D.A. pattern, as may be revised from time to time, in societies and local authorities owned or controlled by the Central Government.

Working

• Proceedings conducted at headquarters (New Delhi).
• Power to regulate own procedure.
• Has powers of a civil court and proceedings are judicial in character.
• Can request information/reports from the Central Government or its authorities.
• Advises the Central Government/authorities based on inquiry reports.
• If the Central Government/authorities disagree with CVC advice, reasons must be communicated in writing to the CVC.
• Presents annual performance report to the President, who places it before each House of Parliament.

Whistle Blowers Protection Act (2014)

• Mechanism for protecting whistleblowers exposing corruption.
• Encourages disclosure of information about corruption or misuse of power by public servants, including ministers.
• Person can make public interest disclosure on corruption to competent authority, which is CVC. Government can appoint any other body also to receive such complaints about corruption.
• Punishment of up to 2 years in prison and fine of up to ₹30,000 for false or frivolous complaints.
• Every disclosure shall be made in good faith and the person making the disclosure shall provide a personal declaration stating that he/she reasonably believes that the information disclosed by him/her and the allegation contained therein is substantially true.
• Disclosures can be made in writing or by email message in accordance with the procedure as may be prescribed and contain full particulars and be accompanied by supporting documents, or other material.
• No action shall be taken on a disclosure if it does not indicate the identity of the complainant or public servant or if "the identity of the complainant or public servant is found to be incorrect."
• Not applicable to the Special Protection Group.