Central Vigilance Commission: Functions, Challenges and structures

The K. Santhanam Committee on Corruption Prevention provided recommendations that led to the establishment of the Central Vigilance Commission (CVC) by the Indian government in 1964. An executive resolution was first used to establish this commission. Central Vigilance commission was given statutory body status in 2003.

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Central Vigilance Commission

• In a world where corruption can erode the foundations of nations, institutions dedicated to upholding integrity and fighting against malpractices play a vital role.
• The Central Vigilance Commission (CVC) is one such institution in India that stands as a sentinel against corruption.
• Established with the vision to ensure transparency, accountability, and good governance, the CVC has evolved into a formidable force in combating corruption and promoting ethical conduct in both public and private sectors.

Central Vigilance Commission Organizational Structure

• The Central Vigilance Commission was conceptualized following the recommendations of the Santhanam Committee in 1964, which highlighted the need for a dedicated body to tackle corruption in government organizations.
• Consequently, the CVC was established on February 11, 1964, through an executive resolution of the Government of India.
• It was later given statutory status with the enactment of the Central Vigilance Commission Act, of 2003, which further empowered the Commission to function as an autonomous and impartial authority.
• Central Vigilance Commission has its own Secretariat, Chief Technical Examiner Wing(CTE) and a wing for Commissioners for Departmental Inquiries (CDIs).
• Secretariat : It consist of Secretary, joint secretaries, deputy secretaries, Under Secretaries and office staff.
• Chief Technical Examiner Wing(CTE) : It consist of chief engineers and support engineering staff.
• functions of CTE :

1. Technical Audits from vigilance angle.
2. Investigation of specific cases.
3. Assisting CBI in investigations involving technical matter.
4. Advising Vigilance officers on technical matters.

• Commissioners for Departmental Inquiries (CDIs) : It deals with the oral inquires against the Public Servants.

Central Vigilance Commission Composition

• CVC consists of Central Vigilance Commissioner (Chairperson) and not more than 2 Vigilance Commissioners, it is a multi member body similar to the election commission of India. 
• They are appointed after the recommendation from a 3 member committee consisting of The Prime Minister as it head and the other two being the Home Minister and the Leader of Opposition, by the President through the warrant under his seal.
• They serve a tenure of 4 Years or until they attain age of 65 years.
• After Completion of their tenure they are not eligible for further appointments under the central and state governments, similar to the chairman and member of UPSC. 
• The salary of Central Vigilance Commissioner is same as of the UPSC chairman and the salary of other Vigilance commissioner is same as of the members of the UPSC.

Conditions for Removal of Central Vigilance Commissioner

The president can remove any vigilance commissioner under the following conditions :

1. If he is declared to be bankrupt
2. If he has been convicted for an offence
3. If he engages in any paid employment during his tenure
4. If he is unfit from mind or body perspective
5. On grounds of misbehaviour or incapacity( for such instance the matter has to be referred to the Supreme Court for an enquiry)

Central Vigilance Commission Functions

Now that we have understood the organizational structure of the CVC now we will further understand the functions performed by the CVC, which are :

1. To inquire about any irregularities by the public servants under Prevention of Corruption Act, 1988.
2. To supervise functioning of Delhi Special Police Establishment (CBI) as it also relates with the inquiry of offences under Prevention of Corruption Act, 1988.
3. To give directions to Delhi Special Police Establishment (CBI)
4. To review the investigations done by Delhi Special Police Establishment (CBI)
5. To take actions against the pending complaints
6. To advise Central government and its authorities on matters referred by them
7. To supervise the Vigilance Units in the ministries.
8. To take actions on complaints received under Public Interest Disclosure and Protection of Informers (PIDPI) Resolution.
9. Assist the central government in making policies over the regulations of vigilance and disciplinary matters for All India Services and central service members.
10. Central Vigilance Commissioner and the 2 commissioners are part of selection committee on whose recommendation the central government appoints the Director of Enforcement, and officers above the post of Deputy Director of Enforcement.
11. CVC is the notified authority to receive complaints under Prevention Of Money Laundering Act, 2002

• Lokpal and Lokayuktas Act, 2013 amended the CVC and added the following functions :

1. CVC advises the central government for appointment of The Director of Prosecution in CBI.
2. Central vigilance commissioner is chairperson of the committee  along with the 2 vigilance commissioners on whose recommendations the central government appoints officers above rank of SP except for Director of CBI.
3. Commission is also empowered to conduct preliminary inquiry in the cases referred by the Lokpal in respect of officers of group A, B , C and D. Reports of investigation for Group A and B officers is to be sent to Lokpal by the commission and for group C and D officers the commission can decide the course of action.

Central Vigilance Commission Autonomous Jurisdiction

One of the pivotal strengths of the Central Vigilance Commission lies in its independence and autonomy. The Commission functions as a quasi-judicial body, free from external influence, ensuring that its decisions are impartial and objective. It reports directly to the President of India, ensuring that its operations remain insulated from political pressures. This autonomy allows the CVC to tackle corruption without fear or favor, instilling public confidence in its actions.

The jurisdiction of the Central Vigilance Commission extends to:

1. Members of All India Service and group A officers of Central Government.
2. Officer of rank of scale of V and above in public sector banks
3. Officers in Grade D and above in RBI, NABARD and SIDBI
4. Managers and above in General Insurance Companies.
5. Senior Divisional mangers and above in LIC
6. Chief executive and executive on the board and other officers of E-8 and above in schedule A and B Public Sector Undertaking.
7. Chief executive and executive on the board and other officers of E-7 and above in schedule C and D Public Sector Undertaking.
8. Officers receiving salary 8700 Rs per month and above on central government DA pattern.

Working of the Central Vigilance Commission

• CVC conducts its proceeding at its headquarters in New Delhi.
• It can regulate its own procedure
• It has powers of civil court and proceedings are of judicial nature
• The CVC advises the central government about the actions over matters related to the offences and if the central government doesn’t agrees with the advises then the reason has to be stated in written.
• CVC has to give its annual report to the President, which is presented by him in each house of parliament.

Vigilance Units in the Ministries

Above, under the functions of the CVC we studied about the supervision of the Vigilance Unit and now we will further study about the Vigilance Units

• All ministries and departments in the union government has a Chief Vigilance Officer (CVO)
• CVO assists the secretary in matters related to the vigilance
• CVO act as bridge between the CVC and the ministries
• functions of the CVO :

1. Collecting intelligence about corrupt practices
2. investigating offence reported to him
3. processing the vigilance reports for further assessment
4. Referring the matters to CVC for advise

Central Vigilance Commission Challenges and Criticisms

While the Central Vigilance Commission has made significant strides in combating corruption, it hasn’t been without challenges and criticisms. Some of the challenges include:

1. Delay in Investigations: Investigations often take time, leading to delays in justice delivery. This can hamper the Commission’s efforts to swiftly address corruption cases.
2. Lack of Adequate Staff: The Commission faces a shortage of skilled personnel, hindering its capacity to handle a large number of cases effectively.
3. Limited Jurisdiction: The CVC’s jurisdiction is restricted to central government employees, leaving out state government employees and the private sector. This limits its scope in eradicating corruption across all levels of governance.
4. Complexity of Cases: Corruption cases have become increasingly complex, involving financial intricacies and international dimensions. The Commission needs to continuously adapt to handle such challenges.
5. Whistleblower Protection: Ensuring the safety and protection of whistleblowers is a crucial aspect of anti-corruption efforts. The CVC needs to work on enhancing the mechanisms for safeguarding whistleblowers from retaliation.

Conclusion

Despite challenges, the Central Vigilance Commission has taken numerous initiatives to modernize and enhance its effectiveness. The introduction of technology-driven solutions, such as the Integrity e-Pledge and the e-Puraskar platform, has streamlined processes and increased transparency. These platforms encourage individuals to pledge against corruption and recognize organizations that exhibit exemplary vigilance practices. The Central Vigilance Commission stands as a beacon of hope in the fight against corruption in India. Its role in promoting transparency, accountability, and ethical conduct cannot be overstated. As corruption continues to pose a threat to nations’ progress, the CVC’s unwavering dedication to its mandate is vital in ensuring a fair and just society. With continuous improvements and adaptations, the Commission can further strengthen its impact and contribute to a corruption-free future for India.

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