Central Vigilance Commission Explained

Post:Central Vigilance Commission of India
Abbreviation:CVC
Native Name:केंद्रीय सतर्कता आयोग
Insignia:Central Vigilance Commission (CVC) logo.png
Insigniasize:200px
Insigniacaption:Emblem
Incumbent:Praveen Kumar Srivastava [1]
Acting:no
Incumbentsince:28 December 2022
Seat:New Delhi, Delhi
Appointer:President of India
Status:Active
Type:Independent Autonomous body
Nominator:Prime Minister (Chairperson)
Home Minister (Member)
Leader of the Opposition in Lok Sabha
Termlength:Up to 4 years or 65 years
Inaugural:Nittoor Sreenivasa Rau
Residence:A-Block, GPO Complex, Satarkata Bhavan, INA, New Delhi, Delhi 110023
Constituting Instrument:K.Santhanam Committee

Central Vigilance Commission (CVC) is an Indian governmental body created in 1964 to address governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It has the status of an autonomous 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.

History

It was set up by the Government of India Resolution on 11 February 1964,[2] on the recommendations of the Committee on Prevention of Corruption, headed by K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.[3] Nittoor Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.

The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the commission's advises were ignored. Praveen Kumar Srivastava was sworn in by President, as the Central Vigilance Commissioner, he is a 1988 batch IAS officer of Assam-Meghalaya cadre and also served earlier as Vigilance Commissioner.

Role

The CVC is not an investigating agency: the only investigation carried out by the CVC is that of examining Civil Works of the Government.[4]

Corruption investigations against government officials can proceed only after the government permits order. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old.[5]

The Ordinance of 1998 conferred statutory status to the CVC and the powers to exercise superintendence over the functioning of the Delhi Special Police Establishment, and also to review the progress of the investigations on alleged offences under the Prevention of Corruption Act, 1988 conducted by them. In 1998 the Government introduced the CVC Bill in the Lok Sabha to replace the Ordinance, though it was not successful. The Bill was re-introduced in 1999 and remained with the Parliament until September 2003, when it became an Act after being duly passed in both the Houses of Parliament.[6] The CVC has also been publishing a list of corrupt government officials against which it has recommended punitive action.[7] In 2004, the Union government authorised the CVC as the "Designated Agency" to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action. This report delivers to the president.

Appointment

The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President on recommendation of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the Lok Sabha.

Removal

A member of the commission can be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed. The President may suspend from office, and if deemed necessary, prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:

Organisation

Current Composition[10] ! Designation !! Person
Central Vigilance Commissioner Praveen Kumar Srivastava
Vigilance CommissionerArvind Kumar
Vigilance Commissioner A.S Rajeev

The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI). As of 21 March 2012, CVC has a staff strength of 257 against sanctioned strength of 299 (including the post of CVC and 2 VCs).[10]

Secretariat

The Secretariat consists of a Secretary of the rank of Additional Secretary to the Union government, one officer of the rank of Joint Secretary to the Union government, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries and office staff.[11]

Chief Technical Examiners' Wing (CTE)

The Chief Technical Examiners' Organisation constitutes the technical wing of the Central Vigilance Commission and has two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff. Following are the main functions of this organisation:

Commissioners for Departmental Inquiries (CDI)

There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the commission, 11 in the rank of Director and 03 in the rank of Deputy Secretary. The CDIs function as Inquiry Officers to conduct inquiries in departmental proceedings initiated against public servants.[11]

The Directorate General of Vigilance

The Directorate General of Vigilance, Income Tax is the apex body under the Central Board of Direct Taxes for the vigilance matters. The Directorate General interfaces with the Central Vigilance Commission, the Central Bureau of Investigation, field formations of CBDT who are also having their Vigilance wings and others in all the matters relating to Vigilance, preliminary investigation of complaints, obtaining CVC/CVO's first stage advice, wherever required, assistance to Ministry in issuance of charge sheets, monitoring the charge sheet issued by the Disciplinary authorities in the field, monitoring of progress in inquiry proceedings, processing of enquiry reports, obtaining CVC/CVO's second stage advice, wherever required and communication thereof to Disciplinary authorities and monitoring compliance/implementation of the advice.

Central Vigilance Commissioners

The following have held the post of the Central Vigilance Commissioners.[12]

List of Central Vigilance Commissioners
No.NameTook officeLeft office
1N.S. Rau
2S. Dutt
3B. K. Acharya
4M. G. Pimputkar
5R. K. Trivedi
6R. P. Khanna
7U. C. Agarwal
8C. G. Somiah
9T. U. Vijayasekharan
10N. Vittal
11P. Shankar
12Janki Ballabh5 September 20024 November 2005
13H. J. Dora 11 September 20029 October 2005
14Pratyush Sinha
15P. J. Thomas
16Pradeep Kumar
17Rajiv
18K. V. Chowdary10 June 20159 June 2019
19Sanjay Kothari25 April 2020[13] 23 June 2021
20Suresh N Patel25 June 202124 December 2022
21Praveen Kumar Srivastava28 December 20226 January 2027

Limitations of CVC

As a result, the CVC has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption.[20]

Controversies

Supreme court quashes appointment of CVC

PJ Thomas was appointed as the Chief Vigilance Commissioner in September 2010, on the recommendation of a High Powered Committee (HPC) headed by the Prime Minister. The selection of the new CVC was marked by controversies, after Sushma Swaraj, who was part of three-member selection committee, objected to the choice of Thomas, citing the pending chargesheet against him. A public interest litigation was filed in the Supreme Court by Centre for Public Interest Litigation and India Rejuvenation Initiative.[21]

On 3 March 2011, the Supreme Court quashed the appointment of Thomas as the Chief Vigilance Commissioner, noting that the HPC did not consider the relevant materials on the pending chargesheet.[22] Subsequently, Thomas resigned.[23]

Whistleblower protection

See main article: article and Whistleblower protection in India. A few years after the murder of IIT Kanpur alumnus NHAI engineer, the CVC launched an initiative to protect whistleblowers. However, this programme has been criticized by ex-Chief Justice of India R.C. Lahoti as being ineffective. He said that he had on previous occasions through his NGO India Rejuvenation Initiative, tried to draw the attention of high officials in the CVC to the unsatisfactory manner of its functioning, but with no results.[24]

Petition against appointment of K V Chowdary

Before K V Chowdary's appointment, Supreme Court lawyer and Rajya Sabha MP Ram Jethmalani[25] as well as lawyer and activist Prashant Bhushan[26] raised a red flag, asking the Prime Minister not to go ahead with his appointment,[27] raising severe objections on Chowdary's tenure as CBDT Chief. After Chowdary was appointed, Jethmalani expressed disappointment and wrote a letter to Narendra Modi questioning Chowdhary's credentials.[28] NGO Common Cause represented by Prashant Bhushan has filed a petition in the Supreme Court challenging K V Chowdary's appointment as CVC and T M Bhasin's appointment as VC on 22 July.[29]

New initiatives

The following initiatives have been taken by CVC:

  1. National Anticorruption Strategy
  2. Leveraging Technology to Prevent Corruption
  3. Integrity in Public procurement
  4. Awareness Campaign
  5. Provision for Whistle Blowers
  6. Improving the Standard of Vigilance Work
  7. Computerisation of Commission's Work
  8. Modern Preventive Vigilance Framework
  9. International Cooperation. etc.[30]

Vigilance Awareness Week

Driven by the Central Vigilance Commission,[31] Vigilance Awareness Week (VAW) is being celebrated every year and coincides with the birthday of Sardar Vallabhbhai Patel, known to be a man of high integrity. To make a New India by the year 2022, which is the 75th anniversary of Indian independence from the British Raj, the VAW is being celebrated in promoting integrity and eradicating corruption.

Vigilance Awareness Week – Theme for 2019

In 2019, the CVC observed VAW from 28 October 2019 to 2 November 2019 with the theme "Integrity – A way of life" ("ईमानदारी के साथ आत्म निर्भरता").

Vigilance Awareness Week – Theme for 2020

The theme for VAW 2020, observed from 27 October to 2 November was "Vigilant India, Prosperous India"

Vigilance Awareness Week – Theme for 2021

The theme for VAW 2021 was "Self Reliance with Integrity”.

Vigilance Awareness Week – Theme for 2022

The theme for VAW 2022 is "Corruption Free India for a Developed nation"

Vigilance Awareness Week – Theme for 2023

The theme for VAW 2023 is "Say no to corruption, commit to the Nation"

See also

External links

Notes and References

  1. News: Vigilance Commissioner Suresh Patel to act as CVC. The Hindu. 26 June 2021.
  2. Central Vigilance Commission, Introduction, accessed 16 October 2019
  3. Web site: Background . 2011-10-26 . dead . https://web.archive.org/web/20160515171931/http://cvc.gov.in/cvc_back.htm . 15 May 2016 . dmy-all .
  4. I De on Administrative Law, Tripathi(1986)
  5. Web site: Archived copy . 2011-07-29 . dead . https://web.archive.org/web/20160304054807/http://www.cvc.nic.in/spp_cbi_11072011.pdf . 4 March 2016 . dmy-all. . Released 31 May 2011, oldest case from 30/04/10 relates to Rakesh Mohan, (IAS 78 batch), ex-CEO, Delhi Jal Board
  6. http://cvc.nic.in/introduction.html{{dead link|date=November 2016 |bot=InternetArchiveBot |fix-attempted=yes }}
  7. http://www.moneycontrol.com/news/current-affairs/121-central-govt-officials-under-cvc-scanner_561273.html 121 officers named in 2011
  8. Web site: CVC Act. CVC. April 30, 2012.
  9. Web site: The Central Vigilance Commission Act, 2003 [Act 45 of 2003]]. live. 22 January 2022. India Code. https://web.archive.org/web/20220122174528/https://www.indiacode.nic.in/bitstream/123456789/2067/1/A2003-45.pdf . 22 January 2022 .
  10. Web site: Central Vigilance Commission. live. 22 January 2022. https://web.archive.org/web/20060613083917/http://cvc.gov.in:80/ . 13 June 2006 .
  11. Web site: CVC – ORGANISATION. CVC. 20 June 2012. https://web.archive.org/web/20120419103515/http://cvc.gov.in/cvc_orgn.htm. 19 April 2012. dead. dmy-all.
  12. Web site: Former Central Vigilance Commissioners – Central Vigilance Commission. 4 October 2018.
  13. News: President's secretary Sanjay Kothari appointed Central Vigilance Commissioner. The Economic Times.
  14. Web site: Make Lokpal, Lokayukta apex, independent agencies . https://web.archive.org/web/20100905223958/http://www.hindu.com/2010/09/02/stories/2010090263291400.htm . dead . 5 September 2010 . 2 Sep 2010 . . April 30, 2012.
  15. Web site: CVC – Introduction. cvc.gov.in. 20 June 2012. https://web.archive.org/web/20140222055507/http://cvc.gov.in/introduction.htm. 22 February 2014. dead. dmy-all.
  16. Web site: What is the Staff Strength of CVC? . indiacurrentaffairs.org . August 24, 2011 . April 30, 2012.
  17. Book: Dr Subramanian Swamy v. Director, Central Bureau of Investigation & Anr.; W.P.(C) 38 of 1997. 6 May 2014.
  18. Web site: Kanoon. Indian. Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014.
  19. Web site: Functions and Powers of the Central Vigilance Commission . CVC.gov.in . April 30, 2012 . https://web.archive.org/web/20120511053713/http://cvc.gov.in/CVC_power.htm . 11 May 2012 . dead . dmy-all .
  20. News: What Is Wrong With Our Anti-Corruption Systems? . Outlook India . Apr 6, 2011 . April 30, 2012 . India Against Corruption.
  21. Web site: The Pioneer . 2012-04-30 . live . https://web.archive.org/web/20160304043801/http://www.dailypioneer.com/290222/Controversial-appointment-of-CVC-reaches-apex-court.html . 2016-03-04 .
  22. Web site: Supreme Court strikes down P J Thomas as vigilance chief . 3 March 2011 . 2012-04-26 . live . https://web.archive.org/web/20110307073554/http://www.indianexpress.com/news/Supreme-court-strikes-down-p-j-thomas-as-vigilance-chief/757204/ . 2011-03-07 . Supreme Court strikes down P J Thomas as vigilance chief
  23. Web site: Thomas Resigns As CVC . Outlook India . March 3, 2011 . April 30, 2012 . dead . https://archive.today/20130131093203/http://news.outlookindia.com/items.aspx?artid=713707 . January 31, 2013 .
  24. News: http://www.indianexpress.com/news/whistleblowers-who-went-to-cvc-suffered-stem-rot-excji-to-sonia/649640/0. Jul 21, 2010. quote: "every whistleblower who approached CVC came to grief, while culprits remain, by and large, unharmed to this day."
  25. Web site: Now, Ram Jethmalani opposes CVC appointment of ex-CBDT chief KV Chowdary | Tilak Marg . 4 June 2015 . 2015-07-22 . live . https://web.archive.org/web/20160304223142/http://tilakmarg.com/news/now-ram-jethmalani-opposes-cvc-appointment-of-ex-cbdt-chief-kv-chowdary/ . 2016-03-04 .
  26. Web site: Prashanth Bhushan explains why KV Chowdhary shouldn't be CVC | Tehelka - Investigations, Latest News, Politics, Analysis, Blogs, Culture, Photos, Videos, Podcasts . www.tehelka.com . 15 January 2022 . https://web.archive.org/web/20150924113858/http://www.tehelka.com/2015/06/after-jethmalani-bhushan-explains-why-kv-chowdhary-shouldnt-be-cvc/?singlepage=1 . 24 September 2015 . dead.
  27. Web site: Prashant Bhushan on the new CVC appointment. Shocking Facts . 2015-07-29 . dead . https://web.archive.org/web/20150730035849/http://www.indiacentral.org/videos/interviews/prashant-bhushan-on-the-new-cvc-appointment-shocking-facts . 2015-07-30 .
  28. Web site: Why Jethmalani is unhappy with Modi govt over new CVC's appointment . 2015-07-22 . dead . https://web.archive.org/web/20150903051756/http://www.hindustantimes.com/india-news/jethmalani-announces-break-up-with-pm-modi-over-naming-of-kv-chowdary-as-cvc/article1-1356598.aspx . 2015-09-03 . 9 June 2015 .
  29. Web site: Petition in SC Challenging Appointment of CVC and VC . 2015-07-22 . live . https://web.archive.org/web/20151028212210/http://www.outlookindia.com/news/article/petition-in-sc-challenging-appointment-of-cvc-and-vc/907582 . 2015-10-28 .
  30. Web site: Initiatives taken by the Commission. dead. https://web.archive.org/web/20160504152931/http://www.cvc.nic.in/newinit16092010.htm. 4 May 2016. 2012-12-30. dmy-all.
  31. Web site: Home Central Vigilance Commission Government of India. cvc.nic.in. 2019-11-06. 18 January 2012. https://web.archive.org/web/20120118042445/http://cvc.nic.in/. dead.