Central Vigilance Commission

The Central Vigilance Commission (CVC) is the premier anti-corruption institution at the Central government level in India. It was brought into existence in 1964 through an executive resolution of the Central government — not by statute or constitutional provision. Its creation followed the recommendations of the Santhanam Committee on Prevention of Corruption (1962–64).

For nearly four decades, the CVC remained a non-statutory, non-constitutional body. This changed in 2003, when Parliament enacted the Central Vigilance Commission Act, conferring statutory status on it. The Act received presidential assent on 11 September 2003.

In 2004, the CVC was designated as the nodal agency under the Public Interest Disclosure and Protection of Informers' Resolution (PIDPI) — popularly called the Whistle Blowers' Resolution — to receive and act on complaints about corruption or misuse of office made by whistle blowers. The CVC is also the sole designated authority empowered to take action against complainants who make motivated or vexatious complaints.

Exam Trap: The CVC is a statutory body (not constitutional). It was originally created by an executive resolution (not legislation) in 1964, and became statutory only in 2003.

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The CVC is a multi-member body comprising:

• Central Vigilance Commissioner (Chairperson)
• Up to two Vigilance Commissioners

Appointment

All members are appointed by the President through a warrant under hand and seal, based on the recommendation of a three-member committee consisting of:

1. The Prime Minister (as head)
2. The Union Minister of Home Affairs
3. The Leader of the Opposition in the Lok Sabha

Tenure and Post-Retirement Restrictions

• They serve for four years or until reaching the age of 65 years, whichever comes earlier.
• After tenure, they are ineligible for further employment under the Central or any state government.

Salary

• The Central Vigilance Commissioner's salary is equivalent to that of the Chairman of UPSC.
• A Vigilance Commissioner's salary is equivalent to that of a Member of UPSC.
• Service conditions cannot be varied to their disadvantage after appointment.

Removal

The President may remove the CVC or a Vigilance Commissioner under the following ordinary grounds:

• Adjudged insolvent
• Convicted of a morally turpitudinous offence
• Engaged in paid employment outside official duties
• Unfit due to mental or physical infirmity (in the President's opinion)
• Acquired financial or other interests likely to prejudicially affect official functions

For proved misbehaviour or incapacity, the President must refer the matter to the Supreme Court for inquiry. Removal can only follow if the Supreme Court upholds the cause and advises accordingly.

A member is deemed guilty of misbehaviour if they are concerned in or profit from any contract or agreement made by the Central government (other than as a general member of an incorporated company).

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The CVC has three wings:

1. Secretariat

Comprises a Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries, and supporting office staff.

2. Chief Technical Examiners' Wing (CTE)

The technical arm of the CVC, staffed by Chief Engineers (designated as Chief Technical Examiners) and engineering support staff. Its key functions include:

• Technical audit of construction works of government organisations from a vigilance angle
• Investigation of complaints relating to construction works
• Assistance to CBI in technically complex investigations and property evaluation in Delhi
• Advice to the CVC and Chief Vigilance Officers (CVOs) on technical vigilance matters

3. Commissioners for Departmental Inquiries (CDIs)

CDIs serve as Inquiry Officers to conduct oral inquiries in departmental proceedings initiated against public servants.

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The CVC performs the following key functions:

1. Inquiry into corruption: Inquire or cause inquiry into cases referred by the Central government where a public servant is alleged to have committed an offence under the Prevention of Corruption Act, 1988.

2. Complaints against senior officials: Investigate complaints against members of All-India Services serving the Union and Group A officers of the Central government, as well as specified-level officers of Central government authorities.

3. Superintendence over CBI: Exercise superintendence over the Delhi Special Police Establishment (CBI) in respect of investigations under the Prevention of Corruption Act.

4. Directions to CBI: Issue directions to the CBI regarding investigation of corruption offences.

5. Review of CBI progress: Monitor progress of investigations conducted by the CBI into corruption offences.

6. Review of prosecution sanctions: Monitor pending applications before competent authorities for sanction of prosecution under the Prevention of Corruption Act.

7. Advisory role: Tender advice to the Central government and its authorities on matters referred to it.

8. Vigilance administration: Exercise superintendence over vigilance administration in Central government ministries and their authorities.

9. Whistle blower complaints: Inquire into complaints received under the PIDPI Resolution and recommend appropriate action.

Changes under the Lokpal and Lokayuktas Act, 2013

The Lokpal Act amended the CVC Act 2003 and the DSPE Act 1946, adding:

1. The Director of Prosecution in the CBI shall be appointed by the Central government on CVC's recommendation.

2. The CVC Chairperson heads the Selection Committee for appointment of officers of SP level and above in the CBI (except the CBI Director).

3. The CVC shall conduct preliminary inquiries into complaints referred by the Lokpal regarding Group A, B, C, and D officers:

   • Preliminary inquiry reports for Group A and B officers must be sent back to the Lokpal.
   • For Group C and D officials, the CVC itself decides on further action.

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The CVC's jurisdiction covers:

• Members of All-India Services (IAS, IPS, IFS) serving in Union affairs and Group A officers of the Central government
• Officers of Scale V and above in Public Sector Banks
• Officers in Grade D and above in the RBI, NABARD, and SIDBI
• Chief Executives, Board Executives, and officers of E-8 and above in Schedule A and B PSUs
• Officers of E-7 and above in Schedule C and D PSUs
• Managers and above in General Insurance Companies
• Senior Divisional Managers and above in the Life Insurance Corporation
• Officers drawing a salary of ₹8,700 per month (pre-revised) and above in Central government-owned or controlled societies and local authorities

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• The CVC operates from its headquarters in New Delhi.
• It has the power to regulate its own procedure.
• It possesses all powers of a civil court and its proceedings are quasi-judicial in nature.
• It may call for information or reports from the Central government or its authorities to exercise general supervisory oversight.
• After receiving an inquiry report, the CVC advises the Central government on further action. The government must consider the advice and act on it. If it disagrees, it must record reasons in writing and communicate them to the CVC.
• The CVC submits an annual report to the President, which is then laid before both Houses of Parliament.

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Every ministry and department in the Union government has a Chief Vigilance Officer (CVO), who:

• Heads the Vigilance Division of that organisation
• Advises the Secretary or Head of Office on all vigilance-related matters
• Acts as the link between the organisation and the CVC, and between the organisation and the CBI

Functions of the CVO:

• Gathering intelligence on corrupt practices among employees
• Investigating verifiable complaints
• Processing investigation reports for disciplinary authorities
• Referring matters to the CVC for advice where required

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Background

The government introduced the Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010 in the Lok Sabha on 26 August 2010. After parliamentary committee review and Cabinet approval of amendments, it was renamed the Whistle Blowers Protection Bill, 2011 and passed by the Lok Sabha on 27 December 2011. The Rajya Sabha passed it on 21 February 2014, and it received presidential assent on 9 May 2014.

Key Features

1. Identity protection: The Act establishes a mechanism to protect the identity of whistle blowers — those who expose corruption or irregularities by public functionaries, including ministers — from any victimization.

2. Disclosure mechanism: It encourages individuals to report corruption or wilful misuse of power or discretion by public servants.

3. Competent authority: Complaints must be made to a competent authority — currently the CVC. The government may notify any other body for this purpose.

4. Penalty for false complaints: Filing false or frivolous complaints attracts punishment of up to two years' imprisonment and a fine of up to ₹30,000.

5. Good faith requirement: Every disclosure must be made in good faith, with a personal declaration that the information is reasonably believed to be substantially true.

6. Mode of disclosure: Complaints may be made in writing or by email, with full particulars and supporting documents.

7. Identity mandatory: No action is taken on anonymous complaints or disclosures where the identity of the complainant or the public servant is found to be incorrect.

8. Exclusions: The Act does not apply to:

   • Matters relating to national security

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