Central Vigilance Commission

What is Central Vigilance Commission

The Central Vigilance Commission (CVC) is an apex governmental body set up to promote integrity, transparency and accountability in administration and public services and to fight against corruption, as is encapsulated in its vision statement “To ensure good governance and combat corruption by promoting the values of ethics and integrity to foster transparent and accountable systems of public administration that addresses the concerns and aspirations of the citizens of India.”

CVC was established on 11th February 1964 as a result of the recommendations of the Santhanam Committee Report on Prevention of Corruption. This report, named after its chairman Shri K. Santhanam, was a driving force for shaping the establishment and operations of CVC.

The mandate for the Commission was outlined in the CVC Act, 2003. It strives to achieve its goals by overseeing the vigilance administrations of several Central Government Ministries, Departments and Organizations. The primary functions of the Commission include conducting inquiries or causing inquiries or investigations into matters referred to them by the Central Government as well as complaints received against officials under their jurisdiction. CVC also performs advisory functions in relation to matters referred to them by the Central Government. In accordance with the CVC Act, 2003, the CVC oversees the functioning of CBI in relation to offences under the Prevention of Corruption Act of 1988.

Official Definition of Central Vigilance Commission (CVC)

Central Vigilance Commission as defined in Legislation

Section 3 (1): The Central Vigilance Commission Act, 2003.

“There shall be constituted a body to be known as the Central Vigilance Commission to exercise the powers conferred upon, and to perform the functions assigned to it under this Act and the Central Vigilance Commission constituted under sub-section (1) of section 3 of the Central Vigilance Commission Ordinance, 1999 (Ord. 4 of 1999) which ceased to operate, and continued under the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Resolution No. 371/20/99-AVD. III, dated the 4th April, 1999 as amended vide Resolution of even number, dated the 13th August, 2002 shall be deemed to be the Commission constituted under this Act.”

Central Vigilance Commission as defined in Government Reports

The Report of The Committee on Prevention of Corruption, also called the Santhanam Committee Report, recommended the setting up of a “Central Vigilance Commission with a branch that would deal with general complaints and redress and another branch to deal with vigilance activities.”

Central Vigilance Commission as defined in case laws

In the case of Vineet Narain and others v. Union of India and others, popularly called the Jain Hawala Case, the Supreme Court gave directions to confer Statutory Status on the Central Vigilance Commission In this judgment, directions were issued that the CVC shall be responsible for the efficient functioning of the CBI. For giving effect to this direction, CVC Act, 2003 was enacted. Section 4 of Delhi Special Police Establishment Act, 1946 was also amended w.e.f.01.09.2003. Similar provisions are also there in Clause (a) and (b) of sub-section (1) of section 8 of CVC Act, 2003.

Legal Provisions Relating to Central Vigilance Commission

CVC gives recommendations for the appointment of Director of Enforcement. The Central Vigilance Commission (Amendment) Act, 2021 allows the Director of Enforcement's tenure to be extended yearly up to five years, which conflicts with a Supreme Court ruling in Common Cause (A Registered Society) v. Union of India & Ors. that limited such extensions.

Appointments

The provisions pertaining to appointment are dealt with under Section 4 of The Central Vigilance Commission Act, 2003.

“4. (1) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by warrant under his hand and seal:

Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of—

(a) the Prime Minister — Chairperson;

(b) the Minister of Home Affairs — Member;

(c) the Leader of the Opposition in the House of the People — Member.

Explanation.—For the purposes of this sub-section, “the Leader of the Opposition in the House of the People '' shall, when no such Leader has been so recognized, include the Leader of the single largest group in opposition of the Government in the House of the People.

  (2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall be invalid merely by reason of any vacancy in the Committee.”

The Commission consists of the Central Vigilance Commissioner as the Chairperson and not more than two Vigilance Commissioners as members. They are appointed by the President of India, in accordance with the provisions of Section 4 of The Central Vigilance Commission Act, 2003.

The Central Vigilance Commissioners and the Vigilance Commissioners have a tenure of four years from the date on which they enter office or till they attain the age of sixty-five years, whichever is earlier.

Once the Central Vigilance Commissioners ceases to hold office, he becomes ineligible for reappointment into the commission. When a Vigilance Commissioner ceases to hold office, he becomes eligible to be appointed as the Central Vigilance Commissioner in accordance with the process prescribed in Section 4 (1) of the CVC Act, 2003.

Jurisdiction

CVC Act, 2003

The jurisdiction of the Commission is established by Section 8 (1) (d) and Section 8 (2) of the CVC Act, 2003, and is further clarified by subsequent notifications from the Department of Personnel and Training (DOPT) of the Government of India.

The categories of officials that come under the jurisdiction of the Central Vigilance Commission are as follows:

• Members of All India Services serving in connection with the affairs of the Union and Group ‘A' officers of the Central Government;
• Chief Executives and Executives on the Board and other officers of E-8 and above in Schedule 'A' and 'B' Public Sector Undertakings of the Central Government.
• Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule 'C' and 'D' Public Sector Undertakings 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;
• Managers and above in respect of General Insurance Companies;
• Senior Divisional Managers and above in Life Insurance Corporation of India; and
• Officers drawing salary of Rs 8700/- per month (pre-revised as on 12.09.2007) and above on Central Government DA pattern, as may be revised from time to time, in societies and local authorities owned or controlled by the Central Government.

In accordance with Section 25 of the CVC Act, 2003, a Committee is established to recommend the appointment of officers to positions at the level of Deputy Director and above in the Directorate of Enforcement. The Committee consists of the following members:

(i) the Central Vigilance Commissioner — Chairperson;

(ii) Vigilance Commissioners — Members;

(iii) Secretary to the Government of India in-charge of the Ministry of Home Affairs in the Central Government — Member;

(iv) Secretary to the Government of India in-charge of the Ministry of Personnel in the Central Government — Member;

(v) Secretary to the Government of India in-charge of the Department of Revenue, Ministry of Finance in the Central Government — Member;

In accordance with Section 26 of the CVC Act, 2003, a Selection Committee is established to recommend the appointment of an officer to the position of Director of CBI. The Committee consists of the following members:

(a) the Central Vigilance Commissioner — Chairperson;

(b) Vigilance Commissioners — Members;

(c) Secretary to the Government of India in charge of the Ministry of Home Affairs in the Central Government — Member;

(d) Secretary (Coordination and Public Grievances) in the Cabinet Secretariat — Member.

The Lokpal and Lokayuktas Act, 2013

Certain provisions of the CVC Act, 2003 were amended by the The Lokpal and Lokayuktas Act, 2013. These amendments authorize the Commission to conduct preliminary inquiries into complaints referred by the Lokpal concerning officers and officials of Groups A, B, C, and D.

Public Interest Disclosure and Protection of Informers (PIDPI)

In Writ Petition (Civil) No. 539/2003, the Hon’ble Supreme Court mandated the establishment of a mechanism to address complaints from whistleblowers until a formal law is enacted. In response, the Government of India issued Gazette Notification No. 371/12/2002-AVD-III on 21.04.2004, and a subsequent corrigendum on 29.04.2004, which introduced the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004. This resolution designated the Central Vigilance Commission (CVC) as the official agency to handle whistleblower complaints.

In accordance with this notification, the CVC issued guidelines and a Public Notice detailing the procedure for submitting whistleblower complaints under the PIDPI Resolution, 2004. Per the Government of India Resolution on "Public Interest Disclosure and Protection of Informers," 2004, the CVC is tasked with maintaining the confidentiality of the complainant's identity and is empowered to take action against individuals who file malicious or vexatious complaints. The resolution places no restrictions on the Commission's jurisdiction.

Organization Structure of the Central Vigilance Commission

• Secretariat
• Chief Technical Examiners’ Wing (CTE)
• Commissioners for Departmental Inquiries (CDI’s)
• Chief Vigilance Officers

1. The Secretariat: The Secretariat is composed of a Secretary with the powers of a Head of Department, four Additional Secretaries, thirty-one Directors/Deputy Secretaries (including three Officers on Special Duty), eight Under Secretaries, and support staff. Additionally, the Commission utilizes the services of four officers at the DGM/GM level from various banks on a secondment basis.

2. Chief Technical Examiners’ Wing (CTE): The Chief Technical Examiner’s Organization forms the technical wing of the Central Vigilance Commission. The Wing consists of two Chief Technical Examiners (of the rank of Chief Engineer) who are supported by eight Technical Examiners (of the rank of Executive Engineer) as well as other engineering staff.

This wing helps the commission in ascertaining its views pertaining to various technical aspects. Additionally, it performs comprehensive evaluations of significant procurement cases within Central Government organizations, ensuring that all processes adhere to established standards and regulations.

The Chief Technical Examiner’s Organization of the CVC reviews civil, electrical, and horticultural projects undertaken by Government of India Ministries and Departments, Central Public Sector Undertakings, Public Sector Banks, Public Sector Financial Institutions, and other Central Government-owned and controlled organizations.

3. Commissioners for Departmental Inquiries (CDIs): The Commission can appoint any officer at the rank of Director or Deputy Secretary within the Commission as a Commissioner for Departmental Inquiries (CDI). CDIs serve as Inquiry Officers, conducting oral inquiries in departmental proceedings against public servants.

4. Chief Vigilance Officers (CVO’s): Every department or organization within the CVC's advisory jurisdiction has a vigilance unit headed by a Chief Vigilance Officer (CVO). The CVOs act as the CVC's representatives in all vigilance matters, serving as essential links between their respective departments or organizations and the CVC. They are responsible for advising the head of the concerned organization to ensure efficient and vigilant administration in the organization. CVOs are responsible for ensuring the swift handling of vigilance and disciplinary cases.

Functions of CVC

• To oversee the operations of the Delhi Special Police Establishment (DSPE) regarding investigations under the Prevention of Corruption Act, 1988, and offenses under the CRPC for specific categories of public servants, and to issue directives to the DSPE in fulfilling this responsibility.
• To assess the progress of investigations carried out by the DSPE regarding offenses alleged under the PC Act.
• To undertake an inquiry or cause an inquiry or investigation into any transaction involving a public servant employed in an organization under the executive control of the Government of India, where there is suspicion or allegation of improper conduct or corruption.
• To offer unbiased and impartial guidance to disciplinary and other authorities in cases with a vigilance aspect at different stages, such as investigation, inquiry, appeal, and review.
• To oversee and supervise vigilance and anti-corruption efforts in the Ministries, Departments of the Government of India, and other organizations under the Union's executive authority.
• To chair the committee tasked with selecting the Director of the CBI, the Director of the Enforcement Directorate, and officers at the SP level and higher in the DSPE.
• According to the Government of India Resolution on "Public Interest Disclosure and Protection of Informer" in 2004, the Commission has been assigned the duty of safeguarding the anonymity of complainants and has the authority to address complaints that are made with malicious intent. The 2004 Government of India Resolution does not impose any limitations on the Commission's jurisdiction.

The Central Vigilance Commission (Amendment) Act, 2021 [1]

The Central Vigilance Commission (Amendment) Act, 2021 amended Section 25 of the Central Vigilance Commission Act, 2003, specifically focusing on the tenure of the Director of Enforcement. The amendment allows for the extension of the Director's tenure, initially set at a minimum of two years, up to a maximum of five years. This extension can be granted on the recommendation of a committee and for reasons recorded in writing, emphasizing public interest and the need for continuity in combating corruption, money laundering, and international crimes. The amendment has sparked debate due to concerns over its potential impact on institutional autonomy, especially regarding the discretion given to the government in extending tenures beyond what was previously considered rare and exceptional circumstances by the judiciary.

Types of Vigilance employed by CVC

The Central Vigilance Commission mainly employs the following kinds of vigilance:

• Punitive Vigilance
• Preventive Vigilance
• Participative Vigilance

Punitive Vigilance: The Commission believes that swift punitive action against those guilty of misconduct acts as a deterrent to others and discourages intentional wrongdoing. It also recognizes that timely completion of investigations and disciplinary proceedings is beneficial for both the organization and the employee. Therefore, guidelines have been established to ensure all disciplinary cases adhere to set time limits.

Preventive Vigilance: The preventive vigilance branch aims for corruption-free governance by implementing structural changes to minimize corrupt practices. Common focus areas include procurement, resource allocation, HR management, service delivery, and grievance redressal.

The Commission's measures for effective preventive vigilance include updating rules, leveraging technology for transparency, re-engineering processes, conducting regular inspections, implementing rotational transfers, providing training, and raising stakeholder awareness.

Participative Vigilance: The Commission prioritizes Participative Vigilance as a key component of its comprehensive strategy to engage all stakeholders. This effort culminates in the annual Vigilance Awareness Week, which features extensive participation from government officials, civil society organizations, prominent private sector figures, educational institutions, and students. The aim is to educate and raise awareness on vigilance matters.

Key Components of Vigilance Administration

The commission seeks to attain its objective of tackling corruption and promoting transparency and accountability through various types of strategies. These include:

• Complaint Handling Mechanisms
• Receipt and Disposal of Vigilance cases
• First Stage Advice
• Second Stage Advice
• Punishment and Prosecution

Complaint Handling Mechanisms: The Commission strongly believes that the active involvement of all stakeholders is vital for eliminating corruption from society. To ensure that ordinary citizens can effectively participate in the fight against corruption, the Commission has implemented a comprehensive Complaint Handling Policy (CHP). This policy allows citizens to formally report any irregularities they notice in Central Government Departments and PSUs, ensuring swift action on these complaints. The CHP can be accessed on the Commission's website.

Under Sections 8(1)(c) and 8(1)(d) of the CVC Act, 2003, the Central Vigilance Commission is empowered to receive and investigate complaints, or to cause such investigations. Upon reviewing these complaints on their merits, the CVC requests investigation reports or details of actions taken from the concerned organization. To ensure transparency and fairness to all stakeholders, the CVC has implemented a clear complaint handling policy that specifies time limits for addressing complaints. A new Complaint Management System (CMS) portal has been developed to streamline complaint processing and provide real-time status updates to complainants.

Under the Public Interest Disclosure and Protection of Informers (PIDPI) Resolution, 2004, the Commission is authorized to address complaints from whistleblowers while ensuring the confidentiality of the complainant's identity unless disclosed otherwise. Additionally, the Commission oversees vigilance administration in organizations under its jurisdiction, providing advice on cases involving vigilance concerns and recommending systemic improvements as needed to ensure effective vigilance administration.

Receipt and Disposal of Vigilance cases: The receipt and disposal of vigilance cases by the Central Vigilance Commission (CVC) is a crucial aspect of its mandate to combat corruption and uphold integrity in government institutions.

The Commission strives to offer guidance within designated timelines. At times, it may seek further clarification to ensure a thorough understanding of the issue, crucial for arriving at a logical decision. This process may prolong the resolution time for specific cases. Furthermore, the Commission is proactively ensuring that CVOs strictly comply with submission timelines by promoting awareness initiatives for complete case information.

First Stage Advice: The first stage advice of the Central Vigilance Commission (CVC) typically involves providing initial guidance or recommendations to government departments or agencies regarding vigilance matters. The nature of advice varies from suggesting criminal proceeding, major penalty proceeding, minor penalty proceeding, administrative action, closure etc.

Second Stage Advice: Following the initial evaluation of vigilance matters, the Central Vigilance Commission (CVC) typically offers additional guidance or recommendations to government departments or agencies. This phase of advice is characterized by a more intricate examination and may be prompted by specific concerns or advancements observed throughout the vigilance process.

Punishments and Prosecution: In compliance with the commission's guidance, authorities in different organizations authorize prosecution against public servants and administer disciplinary actions as necessary. The punishments include sanction for prosecution, dismissal from service, reduction in pension and pay.

Vigilance Bodies at State Level

In India, there are vigilance bodies at the state level similar to the Central Vigilance Commission (CVC). These bodies are typically known as State Vigilance Commissions (SVCs) or State Anti-Corruption Bureaus (ACBs), depending on the state's specific legislation and administrative structure.

State Vigilance Commissions function similarly to the CVC but operate at the state level, overseeing vigilance matters, investigating cases of corruption, and promoting integrity within state government institutions. They play a crucial role in ensuring transparency, accountability, and ethical conduct in public administration at the state level.

Global Conventions Aligned with CVC's Common Goals

United Nations Convention Against Corruption (UNCAC)

The UNCAC, adopted by the United Nations in 2003, sets out a comprehensive framework for anti-corruption measures. It mandates the establishment of anti-corruption bodies, such as the CVC, to prevent, investigate, and combat corruption. The CVC aligns with UNCAC’s principles by promoting integrity, accountability, and proper management of public affairs and public property.

The Organisation for Economic Co-operation and Development (OECD) Anti- Bribery Convention

The Organisation for Economic Co-operation and Development (OECD) Anti-Bribery Convention focuses on combating bribery of foreign public officials. It encourages member countries to establish agencies similar to the CVC to enforce anti-bribery laws and promote a culture of transparency and accountability in public administration.

The South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Corruption

The SAARC Convention aims to promote cooperation among member states in combating corruption. It highlights the importance of establishing national anti-corruption agencies, like CVC, to enforce anti-corruption laws and policies. CVC’s role in India reflects the Convention’s emphasis on preventive measures, investigation, and public awareness to combat corruption effectively.

The Asia-Pacific Economic Cooperation (APEC) Anti-Corruption and Transparency Working Group

APEC advocates for anti-corruption efforts among its member economies. Its framework promotes the establishment of independent anti-corruption bodies, like CVC, to enhance transparency, combat corruption, and advance governance standards. The functions of the CVC align with APEC's recommendations for anti-corruption agencies.

Appearance of CVC in Official Databases

Central Vigilance Commission – official website [2]

The official website of the Central Vigilance Commission (CVC) serves as a comprehensive platform for information related to anti-corruption measures and vigilance activities of the CVC. Additionally, citizens can access complaint filing mechanisms, monthly and annual reports etc. and stay updated on CVC's initiatives through the website. The following are screenshots of the dashboard and homepage of the CVC official; website respectively:

The picture represents the Dashboard of the CVC official website

The picture represents the home page of the CVC Official Website

Pledge CVC

The Pledge platform is expertly designed, developed, and maintained by the National Informatics Centre, which operates under the Ministry of Electronics & Information Technology, Government of India.

Attendance Dashboard

The attendance dashboard represents the attendance of employees in various governmental organizations. The following screenshot portrays the attendance of CVC employees.

Attendance Dashboard

Challenges faced by CVC

Possibility of Bias in Appointment: The potential for bias in appointments poses a significant challenge for the Central Vigilance Commission (CVC). The Union government indirectly controls appointments to the Central Vigilance Commission (CVC), as the selection committee responsible for choosing the CVC and VCs only evaluates candidates nominated by the government, despite the inclusion of the Leader of the Opposition in the committee.

Limited Resources: Limited resources present a challenge for the Central Vigilance Commission (CVC), affecting its capacity to perform its functions thoroughly. It has a very limited 316 employees, compared to the excessive number of departments and institutions that it oversees.

Maintaining Transparency: Maintaining transparency is vital for the Central Vigilance Commission (CVC) to foster public trust and credibility. Balancing the need to maintain confidentiality in sensitive investigations with the imperative of transparency and accountability to the public is a delicate task.

Adjusting to Changing Corruption Trends: As corruption tactics evolve, the Central Vigilance Commission (CVC) needs to stay on top of the latest developments. This means keeping an eye on emerging fraudulent practices, especially those enabled by technology like cybercrime.