1. Establishment of the Central Vigilance Commission (CVC)

  • Origins: The CVC was created in 1964 following the recommendations of the Santhanam Committee on Prevention of Corruption (1962-64).
  • Legal Status: Initially, the CVC was neither a constitutional nor a statutory body. It was later granted statutory status by the Central Vigilance Commission Act of 2003.
  • Purpose: Established as an apex vigilance institution, the CVC’s role includes overseeing and advising Central Government organizations on vigilance measures and activities, independent of executive authority.

Example: The CVC receives and addresses complaints related to corruption or misuse of office, acting on disclosures under the “Public Interest Disclosure and Protection of Informers’ Resolution” (PLOPI), 2004.

2. Composition of the CVC

  • Structure: The CVC is a multi-member body, comprising a Central Vigilance Commissioner as the chairperson and up to two Vigilance Commissioners.
  • Appointment: Members are appointed by the President based on recommendations from a committee led by the Prime Minister, including the Home Minister and Leader of the Opposition in the Lok Sabha.
  • Tenure and Removal: They serve a four-year term or until the age of 65. Grounds for removal include insolvency, moral turpitude, conflicts of interest, incapacity, or proven misconduct, as determined by an inquiry referred to the Supreme Court.

Example: If a Vigilance Commissioner engages in external employment, they may be removed for conflicting interests.

3. Organizational Structure

  • Secretariat: This includes senior officials like the Secretary, Joint Secretaries, and support staff responsible for the Commission’s administration.
  • Chief Technical Examiners’ (CTE) Wing: This technical wing handles audits and investigates technical issues in government projects, often collaborating with the CBI on cases requiring technical expertise.
  • Commissioners for Departmental Inquiries (CDI): Act as Inquiry Officers conducting departmental investigations involving public servants.

Example: The CTE Wing may assist the CBI in evaluating technical aspects of a construction project if corruption is suspected.

4. Functions of the CVC

  • Investigations and Inquiries: The CVC can initiate investigations into complaints against public servants, including those under the Prevention of Corruption Act.
  • Supervision of CBI: The CVC has a supervisory role over the Delhi Special Police Establishment (CBI) regarding investigations under the Prevention of Corruption Act.
  • Advisory Role: The CVC advises Central Government authorities on vigilance matters, including cases involving technical expertise.
  • Review and Oversight: It reviews the progress of investigations, monitors prosecution sanction applications, and ensures compliance with anti-corruption regulations.
  • Public Interest Disclosure: The CVC handles whistleblower complaints and advises on protective measures.

Example: A Group ‘A’ officer suspected of corruption can be investigated by the CVC upon a referral from the Central Government.

5. Jurisdiction of the CVC

  • Scope of Authority: The CVC’s jurisdiction covers:
    • All India Services officers in the Union, Group A officers of the Central Government.
    • Senior officers in Public Sector Banks, RBI, NABARD, and other financial institutions.
    • Top-level executives in Public Sector Undertakings (PSUs) based on their grade (E-8 and above in Schedule ‘A’ & ‘B’ PSUs).
    • Senior personnel in Insurance Companies and Life Insurance Corporation.

Example: An executive from a Schedule ‘A’ PSU could fall under the CVC’s jurisdiction if suspected of corruption.

6. Working and Procedure

  • Operation: The CVC operates out of New Delhi and has civil court powers, giving it authority in judicial matters. It can call for information from the Central Government to monitor and supervise anti-corruption initiatives.
  • Reporting: The CVC annually reports its activities to the President, who presents this report to Parliament.

Example: The CVC may conduct hearings with civil court powers to ensure compliance in an anti-corruption case.

7. Whistle Blowers Protection Act (2014)

  • Purpose: The Act provides safeguards for whistleblowers who expose corruption or misuse of power within the Government, ensuring their protection from victimization.
  • Mechanism: Allows disclosures to be made in good faith to competent authorities, currently the CVC, with a requirement for factual backing of allegations.
  • Penalties for Frivolous Complaints: False complaints can lead to penalties, including imprisonment up to two years and a fine.
  • Limitations: The Act excludes some groups, such as the Special Protection Group, from its purview.

Example: A government employee can submit a corruption report under this Act without fear of retribution, provided they have credible evidence.