The Author, Lakshay Bansal is currently pursuing BA.LLB from Geeta Institute of Law, Panipat. He is currently interning with LatestLaws.com.

Q1. What is the origin and History of the Central Vigilance Commission Act, 2003?

Ans.  A growing need was felt for a Central Police Agency at disposal of the Central Government which could investigate not only cases of bribery and corruption, but also with frauds related with government of Indian Departments that’s why on the recommendation of Santhanam Committee CBI was established and the same committee in 1964 recommended the establishment of central Vigilance Commission to advise the central government in the field of vigilance.

In the judgement of Vineet Narain & Others vs. Union of India (1997) Supreme Court directed to take responsibility of exercising superintendence over the CBIs functioning should be transferred from central government to CVC and also gave directions related to the superior role of CVC.

Later on in 1998 government promulgated an ordinance conferring statutory status to the CVC and also to exercise power over the superintendence of CBI so in 2003 central vigilance commission act, 2003 was enacted and it was given statutory status.

Q2. What is Central Vigilance Commission?

Ans. Central vigilance Commission is considered as apex vigilance institution which is free of control from any executive authority. It monitors all vigilance activity under the central government. The reason why it was set up is just to prevent corruption in the government. In 2004 it also got power to receive complaints of corruption under PIDPI (Public Interest Disclosure and Protection Informer)

Q3. What are the Composition of CVC and its appointment?

Ans. It consists of following members:

  • One Chairperson who is also known as Central Vigilance Commissioner.
  • Not more than two Vigilance Commissioner

Central vigilance commissioner and vigilance commissioner are appointed by the President of India on the recommendation of a committee which consist of Prime Minister, Minister of Home Affairs and Leader of the Opposition in the house of the people.

Q4. What are various departments in Central Vigilance Commission?

Ans. It consist of its own Secretariat, Chief Technical Examiners Wing and Commissioners for Departmental Inquiries (CDIs).

  • Secretariat consist of secretary, joint Secretary, deputy Secretary, under Secretary and other officers who will look after the administrative work.
  • Chief Technical Examiners Wing consists of various Chief Engineers and supporting engineers who give assistance to CBI in tech matters.
  • CDIs functions as inquiry officers who conduct oral inquiries.

Q5. What is the proceeding of Central Vigilance Commission?

Ans. The proceeding of the commission shall takes place in their headquarters itself.

  • So the regulation of transaction of business and also the allocation of business to the Central vigilance commissioner and to the Vigilance Commissioner is done unanimously by the commission. 
  • To any matter of the subject if the decisions of the Central Vigilance Commissioner and the Vigilance Commissioner differs then it will be decided by a majority of their opinions.  
  • The Central Vigilance Commissioner due to any reason if he is unable to attend a meeting then the senior-most Vigilance Commissioner shall preside in the meeting.
  • No proceeding of the Commission shall be invalid because of defect in the constitution of the Commission or due to any defect in the appointment of chairperson or any member.

Q6. What are various terms and other conditions of services in CVC?

Ans. It consist Tenure, oath, resign, salary and other various services.

  • Tenure: central vigilance commissioner can hold the office for a term of four years and in terms of age they can hold the office maximum till the age of 65 years. The Central Vigilance Commissioner, on ceasing to hold the office, shall be ineligible for reappointment in the Commission.
  • Oath: the central vigilance commissioner or the vigilance commissioner before holding the office shall subscribe before the president, an oath or the affirmation.
  • Resign: the central vigilance commissioner or the vigilance commissioner can resign from their post but they need to inform this to the president in hand written form.
  • Salary: the salary of Central Vigilance Commissioner is as same as the Chairman of the Union Public Service Commission and the salary of the Vigilance Commissioner is as same as Member of the Union Public Service Commission.

Q7. When did Central Vigilance Commissioner and the Vigilance Commissioner can be removed?

Ans. Central Vigilance Commissioner and the Vigilance Commissioner can be removed for proved misbehaviour or incapacity if SC inquiry finds him guilty. President can only remove them if Supreme Court advises to do so. Some other reasons which can also leads to their removal are as follows:

  • If they are adjudged as insolvent;
  • Convicted for an offence which involves a moral turpitude; or
  • If they are paid employed outside their duties of his office; or
  • Unfit to continue because of the infirmity of mind or body; or
  • If they have acquired such financial or other interest which can affect their official functions; or

For the entire above reasons president can remove them but whenever the Supreme Court upholds the cause of removal.

Q8. What are the various functions of Central Vigilance Commission?

Ans. There are various functions performed by the central vigilance Commission which are as follows:

  • They supervise the functioning to Delhi Special Police Establishment because it relates with the offences under the Prevention of Corruption Act, 1988 and also it will also provide directions in discharging responsibilities to them.
  • If Central Government gives reference on allegation on public servant under Prevention of Corruption Act, 1988 then in that case CVC will enquire.
  • They can also inquire into any complaint against Member of All India Service Group ‘A’ service of Central government and also for the specified level officers of central government if they are under Prevention of Corruption Act, 1988.
  • They can review any progress of investigation by CBI under the Prevention of Corruption Act, 1988 or any public servant under Code of Criminal Procedure, 1973 (2 of 1974).
  • Various advices can be also given by them to the central government, government companies or the corporations under the Central act whichever they refer to the Central Vigilance Commission.
  • Central government is required to consult the CVC making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All-India Services.
  • Director of Prosecution under the Directorate of Prosecution in CBI shall be appointed by the central Government on the recommendation of Central Vigilance Commission.(Because of the changes made by Lokpal and Lokayukats Act, 2013)
  • It also have power to conduct premelinary inquiry in complaints made by Lokpal (Because of the changes made by Lokpal and Lokayukats Act, 2013)

Q9. Describe various powers of the Commission?

Ans. Some of the powers of the Commission are as follows:

  1. Powers during the inquiries
  • The Commission shall have all the powers of a civil court if the suit is under the Code of Civil Procedure, 1908 (5 of 1908)  in respect of the matters such as:-
    • summoning and enforcing the attendance of any person from any part of India and examining him on oath
    • requiring the discovery and production of any document;
    •  receiving evidence on affidavits;
    • issuing commissions for the examination of witnesses or other documents; and
    • requisitioning any public record or copy thereof from any court or office;
  1. Power to call for any information: To exercise general supervision over the vigilance and anti-corruption work the Commission may call for reports, returns and statements from the Central Government or corporations established by or under any Central Act, Government companies, societies and other local authorities owned or controlled by that Government.
  2. Powers to make Regulations: The Commission can make regulations in certain rules or the act but by a prior approval from the Central government by notification in the Official Gazette.

Q10. Who is CVO and what are the functions performed by CVO?

Ans. In every departments or ministries of the Central Government shall consist of a Central vigilance Officers (CVO) who will head the Vigilance Division of the organisation. So the various functions performed by the Central Vigilance Officer are as follows:

  • CVO collects information about corrupt practices of the employees of the organisation.
  • He investigates in various allegations which are reported to him.
  • He made several reports from the investigation which are to be considered by the concerned disciplinary authority
  • It acts a connecting link between its respective organisation and the Central Vigilance Commission because CVO will refer matters to the Central Vigilance Commission for advice whenever required.

Q11. When did Central Vigilance Commission need to submit their Reports?

Ans. It shall be the duty of the Commission to present annually to the President a report as to the work done by the Commission within six months of the close of the year under report. On receipt of such report, the President shall cause the same to be laid before each House of Parliament.

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Lakshay Bansal