Central Vigilance Commission (CVC): Composition, Powers & Functions

• Context (TH): Over 6,900 corruption cases investigated by the CBI are pending trial, with 361 cases lasting more than 20 years, as per the latest CVC annual report.

About Central Vigilance Commission (CVC)

• The Central Vigilance Commission (CVC) is an apex governmental body in India that is responsible for promoting integrity, transparency, and accountability in the country’s public administration.
• It was established in 1964 by an executive resolution of the Indian government.
• It was created on the recommendations of the Santhanam Committee on Prevention of Corruption (1962-64) to monitor vigilance activities in the Central Government and prevent corruption.
• Initially, the CVC was not a statutory or constitutional body, but the CVC Act, 2003 provided it with statutory status.
• Whistleblower Protection: In 2004, it was designated as the agency for receiving and acting on complaints about corruption under the Public Interest Disclosure and Protection of Informers’ Resolution (Whistleblowers’ Resolution).

Composition

• The CVC is a multi-member body consisting of a Central Vigilance Commissioner (chairperson) and not more than two vigilance commissioners.
• Appointed by the President by warrant under his hand and seal based on recommendations from a three-member committee, including:
  • The Prime Minister as its head.
  • The Union Minister of Home Affairs.
  • The Leader of the Opposition in the Lok Sabha.
• These members hold office for four years or until they turn 65, whichever comes first.
• After their tenure, they are not eligible for further government employment.
• The Central Vigilance Commissioner’s service conditions, including salary and allowances, are similar to the UPSC Chairman’s, while those of the Vigilance Commissioners align with UPSC members. These terms cannot be altered to their disadvantage post-appointment.

Removal

• The President can remove the CVC or any Vigilance Commissioner on grounds such as insolvency, conviction for moral turpitude, or unfitness due to mental or physical infirmity.
• The President can also remove them based on proven misbehavior or incapacity, following an inquiry by the Supreme Court.

Powers of CVC

• It is empowered to regulate its own procedure.
• Judicial Powers: Possesses powers of a civil court; its proceedings have a judicial character.
• Supervision: Can call for information or reports from the Central Government or its authorities for vigilance and anti-corruption oversight.

Functions of CVC

• Inquiries into Corruption Allegations: Conducting inquiries or investigations into allegations of corruption under the Prevention of Corruption Act, 1988.
• Supervision of Delhi Special Police Establishment: It exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.
• Advice and Recommendations: Advising the Central Government and its authorities on vigilance matters.
• Annual Reports: Submitting an annual report to the President on the performance of its duties.
• Preliminary Inquiries: Conducting preliminary inquiries into complaints referred by the Lokpal.
• Present Reports: The CVC has to present annually to the President a report on its performance. The President places this report before each House of Parliament.