The Central Vigilance Commission was set up by the Government in February 1964 to address governmental corruption. It is located in New Delhi. The Commission consists of a Central Vigilance Commissioner and not more than two Vigilance Commissioners. The 18th Central Vigilance Commission was constituted by the President of India in June 2021, under the chairmanship of Suresh N. Patel. The UPSC Indian Polity and Governance Syllabus include Central Vigilance Commission which is described in this article. 

Central Vigilance Commission - Historical Background

• The Central Vigilance Commission was set up by the Government on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam in February 1964.
  • Role of CVC: To advise and guide Central Government agencies in the field of vigilance.
• Central Vigilance Commission is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilant work.
  • Consequent upon promulgation of an Ordinance by the President, the Central Vigilance Commission has been made a multi-member Commission with "statutory status" with effect from 25th August 1998.
• The Central Vigilance Commission came into force in 2003 when the Parliament passed the Central Vigilance Commission Bill Act 2003 and received President assent.
  • Note: The Central Vigilance Commission is not controlled by any Ministry or Department. It is an independent body which is only responsible to the Parliament.
• The Government of India has authorized the Central Vigilance Commission as the "Designated Agent" to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action Under the Government of India Resolution on "Public Interest Disclosure and Protection of Informer".

Central Vigilance Commission - Composition

The Commission shall consist of:

• A Central Vigilance Commissioner - Chairperson
• No more than two Vigilance Commissioners – Members.

Appointment of Chairman and Other Members of Central Vigilance Commission

• The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President of India. Every appointment under this session is made after obtaining the recommendation of a committee consisting of:
• The Prime Minister as the Chairperson of this Committee.
• Minister in charge of the Ministry of Home Affairs in the Government of India.
• Leader of the opposition in the House of the People.

The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons who:

• have been or are in an All India Service or in any civil service of the Union or in a civil post under the Union having knowledge or experience in the matters relating to vigilance, policy-making and administration including police administration; or
• have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations.

Central Vigilance Commission - Term & Salaries of Office of Members

• The Central Vigilance Commissioner shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
• The salaries and allowances payable to, and other terms and conditions of service of-
• The Central Vigilance Commissioner shall be the same as those of the Chairman of the Union Public Service Commission i.e., charged on the consolidated fund of India.
• The Vigilance Commissioner shall be the same as those of a member of the Union Public Service Commission i.e., charged on the consolidated fund of India.

Central Vigilance Commission - Removal

• The Act describes the procedures and ground for the removal of any member of the Commission. According to the Chairperson or any other members of the Commission shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity, after the Supreme Court, or reference being made to it by the President has on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other members, or as the case may be, ought on any such ground to be removed.
• During the inquiry, the President may suspend from office, and if deemed necessary prohibit also from attending the office, the Central Vigilance Commissioner, and if deemed necessary prohibit also from attending office.
• The President may remove the Chairman or any other members if he
• Is adjudged an insolvent
• Engages during his term of office in any paid employment outside the duties of his office
• Is unfit to continue in office by reason of infirmity of mind or body
• Is of unsound mind and stands so declared by a competent court
• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.
• Is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude.

The function of the Central Vigilance Commission

The Commission shall perform all or any of the following functions, namely:

• In the context of the Delhi Special Police Establishment (CBI):
  • Exercise superintendence and give direction relates to the investigation of offences under the Prevention of Corruption Act, 1988; or an offence under the Cr.P.C. for certain categories of public servants;
  • Review the progress of investigations conducted by the DSPE into offences alleged or of the applications pending with the competent authorities to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr. Procedure Code;
• In the context of Inquiry or Investigation
  • To inquire or cause an inquiry or investigation to be made on a reference by the Central Government or into any complaint received against any Group ‘A’ officers of the Central Government;
• Tender advice to the Central Government and its organizations on such matters as may be referred to it by them;
• Respond to the Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services.
• Exercise superintendence over the vigilance administrations of the various Central Government Ministries, Departments and Organizations of the Central Government;
• Shall have all the powers of a Civil court while conducting any inquiry.
• In the context of the appointment of Director of Enforcement Agency:
  • The Central Vigilance Commissioner (CVC) is the Chairperson and the Vigilance Commissioners (Members) of the Committee, on whose recommendations, the Central Government appoints the Director of Enforcement.
  • The Committee is also empowered to recommend, after consultation with the Director of Enforcement appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement;
• The Central Vigilance Commissioner (CVC) is also the Chairperson and the Vigilance Commissioners (Members) of the Committee empowered to recommend after consultation with the Director (CBI), the appointment of officers to the post about the level of SP and above except Director and also recommend the extension or curtailment of tenure of such officers in the DSPE (CBI) - Section 26 and Section 4C of DSPE Act, 1946.

Central Vigilance Commission - Jurisdiction

• Members of All India Service serving in connection with the affairs of the Union and Group A officers of the Central Government.
• Officers of the rank of Scale V and above in the Public Sector Banks.
• Officers in Grade D and above in Reserve Bank of India, NABARD and SIDBI.
• Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule ‘A’ and ‘B’ Public Sector Undertakings.
• Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings.
• Managers and above in General Insurance Companies.
• Senior Divisional Managers and above in Life Insurance Corporations.
• Officers drawing salary of Rs.8700/- p.m. and above on Central Government D.A. pattern, as on the date of the notification and as may be revised from time to time in Societies and other Local Authorities.

Vigilance Awareness Week of Central Vigilance Commission

• The Commission has decided that this year Vigilance Awareness Week would be observed from 26th October to 1st of November, 2021.
• Theme: "Independent India @ 75: Self Reliance with Integrity".
• Vigilance Awareness Week is observed every year during the week in which the birthday of Sardar Vallabhbhai Patel (31st October) falls.
• Observance of Vigilance Awareness Week is one of the tools used by the Commission to bring together all stakeholders to collectively participate in the prevention of, and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption.
• During this week, all organizations are encouraged to bring together all their employees, create awareness regarding common issues related to vigilance and create an atmosphere motivated towards Weeding out corruption and unethical practices.

Recent Context

• The Central Vigilance Commission’s annual report 2020 was tabled in Parliament during the Monsoon Session.
• A total of 219 corruption complaints were pending investigation with the Chief Vigilance Officers (CVOs), 105 of those for over three years, of various government organizations as on December 31, 2020.

Conclusion

• The Government has extended the powers and authority to such an extent that the scope of the vigilance of the Commission now includes private sector banks. Thus, a huge evolution can be seen in the powers and jurisdiction of the Commission since the time of its formation.

FAQs 

Q1: What is the Central Vigilance Commission (CVC)?

Q2: When was the CVC established, and under which legislation?

Q3: What are the primary functions of the CVC?

Q4: How is the Central Vigilance Commissioner appointed?

Q5: What powers does the CVC hold as a statutory body?

MCQs 

1. When did the Central Vigilance Commission become a statutory body?

A) 1947

B) 1964

C) 2003

D) 2010

2. Who appoints the Central Vigilance Commissioner?

A) President of India based on a Parliamentary committee's recommendation

B) President of India on the recommendation of the Prime Minister, Home Minister, and Leader of the Opposition

C) Supreme Court of India

D) Central Bureau of Investigation

3. What is the primary mandate of the CVC?

A) To promote economic growth

B) To control state police forces

C) To combat corruption in central government and public sector organizations

D) To manage national elections

4. The CVC collaborates with which agency for investigating corruption cases?

A) State Police

B) Income Tax Department

C) Central Bureau of Investigation (CBI)

D) Election Commission

5. Which act granted statutory status to the Central Vigilance Commission?

A) The Lokpal and Lokayuktas Act, 2013

B) The Prevention of Corruption Act, 1988

C) The Central Vigilance Commission Act, 2003

D) The Government of India Act, 1935

GS Mains Questions and Model Answers

Q1: Discuss the role of the Central Vigilance Commission (CVC) in combating corruption in India.

Answer: The Central Vigilance Commission (CVC) plays a critical role in combating corruption in India by acting as the apex vigilance institution, overseeing corruption-related activities in central government departments and public sector undertakings. It supervises vigilance operations, conducts inquiries, and works with the CBI to investigate corruption cases. The CVC provides policy guidance, advises on preventive measures, and ensures the accountability of public servants. Its efforts in promoting transparency, integrity, and ethical conduct are vital in reducing corruption and fostering good governance.

Q2: How does the appointment process of the Central Vigilance Commissioner ensure transparency and accountability?

Answer: The appointment of the Central Vigilance Commissioner involves a committee comprising the Prime Minister, the Home Minister, and the Leader of the Opposition in the Lok Sabha. This inclusive process ensures a balanced and transparent selection, minimizing potential biases and maintaining public trust in the commission's independence. By involving key political figures from different sides, the process promotes accountability and credibility in the functioning of the CVC.

Q3: Examine the challenges faced by the Central Vigilance Commission in performing its duties.

Answer: The Central Vigilance Commission faces several challenges, including limited powers to enforce its recommendations, dependence on other agencies like the CBI for investigations, bureaucratic resistance, and delays in disciplinary proceedings. The lack of adequate resources and staff can hinder its ability to function effectively. Moreover, political interference and corruption at various levels pose significant challenges. Strengthening its statutory powers, increasing its autonomy, and enhancing collaboration with other institutions are necessary to address these issues.

Previous Year Questions on  Central Vigilance Commission

1. UPSC CSE 2019

Question: Analyze the impact of the Central Vigilance Commission (CVC) on reducing corruption in public administration.

Answer: The Central Vigilance Commission (CVC) has significantly contributed to reducing corruption in public administration by promoting transparency, integrity, and accountability in central government and public sector organizations. By supervising vigilance activities, conducting inquiries, and collaborating with the CBI, the CVC has established mechanisms to detect and deter corrupt practices. Its role in advising on preventive vigilance measures and ensuring compliance with anti-corruption laws further strengthens governance. However, its effectiveness is sometimes limited by enforcement challenges, procedural delays, and dependence on other agencies for investigations. Continuous reforms are needed to enhance its impact on combating corruption.

2. UPSC CSE 2020

Question: What are the powers and limitations of the Central Vigilance Commission as a statutory body?

Answer: The Central Vigilance Commission holds the power to oversee vigilance activities, conduct investigations into corruption cases, and advise central government departments on disciplinary matters. It collaborates with agencies like the CBI to ensure effective enforcement. However, its limitations include the inability to enforce its recommendations directly, reliance on other agencies for investigations, and limited jurisdiction over certain bodies. Strengthening its statutory powers, enhancing its autonomy, and addressing procedural challenges are necessary to maximize its effectiveness in fighting corruption.