Central Vigilance Commission

It was set up by the Government of India Resolution on 11 February 1964,Central Vigilance Commission, [http://cvc.nic.in/sites/default/files/Introduction-RTI_0.pdf Introduction] {{Webarchive|url=https://web.archive.org/web/20200110082140/http://www.cvc.nic.in/sites/default/files/Introduction-RTI_0.pdf |date=10 January 2020 }}, accessed 16 October 2019 on the recommendations of the Committee on Prevention of Corruption, headed by K. Santhanam, to advise and guide Central Government agencies in the field of vigilance.{{cite web |url=http://cvc.gov.in/cvc_back.htm |title=Background |access-date=2011-10-26 |url-status=dead |archive-url=https://web.archive.org/web/20160515171931/http://cvc.gov.in/cvc_back.htm |archive-date=15 May 2016 |df=dmy-all }} Nittoor Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.

The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the commission's advises were ignored. Praveen Kumar Srivastava was sworn in by President, as the Central Vigilance Commissioner, he is a 1988 batch IAS officer of Assam-Meghalaya cadre and also served earlier as Vigilance Commissioner.

The CVC is not an investigating agency: the only investigation carried out by the CVC is that of examining Civil Works of the Government.I De on Administrative Law, Tripathi(1986)

Corruption investigations against government officials can proceed only after the government permits order. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old.{{cite web |url=http://www.cvc.nic.in/spp_cbi_11072011.pdf |title=Ministry/ Department wise summary of cases pending sanction for prosecution over four months as on 31.05.2011 |access-date=2011-07-29 |url-status=dead |archive-url=https://web.archive.org/web/20160304054807/http://www.cvc.nic.in/spp_cbi_11072011.pdf |archive-date=4 March 2016 |df=dmy-all}}. Released 31 May 2011, oldest case from 30/04/10 relates to Rakesh Mohan, (IAS 78 batch), ex-CEO, Delhi Jal Board

The Ordinance of 1998 conferred statutory status to the CVC and the powers to exercise superintendence over the functioning of the Delhi Special Police Establishment, and also to review the progress of the investigations on alleged offences under the Prevention of Corruption Act, 1988 conducted by them. In 1998 the Government introduced the CVC Bill in the Lok Sabha to replace the Ordinance, though it was not successful. The Bill was re-introduced in 1999 and remained with the Parliament until September 2003, when it became an Act after being duly passed in both the Houses of Parliament.http://cvc.nic.in/introduction.html{{dead link|date=November 2016 |bot=InternetArchiveBot |fix-attempted=yes }}

The CVC has also been publishing a list of corrupt government officials against which it has recommended punitive action.[http://www.moneycontrol.com/news/current-affairs/121-central-govt-officials-under-cvc-scanner_561273.html 121 officers named in 2011] {{webarchive |url=https://web.archive.org/web/20160303231946/http://www.moneycontrol.com/news/current-affairs/121-central-govt-officials-under-cvc-scanner_561273.html |date=March 3, 2016 }} and [https://archive.today/20120708072113/http://articles.economictimes.indiatimes.com/2009-09-17/news/28465822_1_corrupt-officials-suitable-major-penalty-cvc 123 in 2009] In 2004, the Union government authorised the CVC as the "Designated Agency" to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action. This report delivers to the president.

The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President on recommendation of a Committee consisting of the Prime Minister (Chairperson), the Minister of Home Affairs (Member) and the Leader of the Opposition in the Lok Sabha.

A member of the commission can be removed from his office only by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made to it by the President, has, on inquiry, reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the case may be, ought to be removed. The President may suspend from office, and if deemed necessary, prohibit also from attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance Commissioner in respect of whom a reference has been made to the Supreme Court until the President has passed orders on receipt of the report of the Supreme Court on such reference. The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:

• is adjudged an insolvent; or
• has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or
• engages during his term of office in any paid employment outside the duties of his office; or
• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or
• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.{{cite web|url=http://cvc.nic.in/cvcact.pdf--|title=CVC Act|publisher=CVC|access-date=April 30, 2012}}{{dead link|date=August 2017 |bot=InternetArchiveBot |fix-attempted=yes }}{{Cite web|title=The Central Vigilance Commission Act, 2003 [Act 45 of 2003]|url=https://www.indiacode.nic.in/bitstream/123456789/2067/1/A2003-45.pdf|url-status=live|access-date=22 January 2022|website=India Code|archive-url=https://web.archive.org/web/20220122174528/https://www.indiacode.nic.in/bitstream/123456789/2067/1/A2003-45.pdf |archive-date=22 January 2022 }}

The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners' Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDI). As of 21 March 2012, CVC has a staff strength of 257 against sanctioned strength of 299 (including the post of CVC and 2 VCs).

The Secretariat consists of a Secretary of the rank of Additional Secretary to the Union government, one officer of the rank of Joint Secretary to the Union government, ten officers of the rank of Director/Deputy Secretary, four Under Secretaries and office staff.{{cite web|title=CVC – ORGANISATION|url=http://cvc.gov.in/cvc_orgn.htm|publisher=CVC|access-date=20 June 2012|archive-url=https://web.archive.org/web/20120419103515/http://cvc.gov.in/cvc_orgn.htm|archive-date=19 April 2012|url-status=dead|df=dmy-all}}

The Chief Technical Examiners' Organisation constitutes the technical wing of the Central Vigilance Commission and has two Engineers of the rank of Chief Engineers (designated as Chief Technical Examiners) with supporting engineering staff. Following are the main functions of this organisation:

• Technical audit of construction works of Governmental organisations from a vigilance angle
• Investigating specific cases of complaints relating to construction works
• Assisting the CBI in their investigations involving technical matters and for evaluation of properties in Delhi
• Assisting the Commission and Chief Vigilance Officers in vigilance cases involving technical matters.

There are fourteen posts of Commissioners for Departmental Inquiries (CDI) in the commission, 11 in the rank of Director and 03 in the rank of Deputy Secretary. The CDIs function as Inquiry Officers to conduct inquiries in departmental proceedings initiated against public servants.

The Directorate General of Vigilance, Income Tax is the apex body under the Central Board of Direct Taxes for the vigilance matters. The Directorate General interfaces with the Central Vigilance Commission, the Central Bureau of Investigation, field formations of CBDT who are also having their Vigilance wings and others in all the matters relating to Vigilance, preliminary investigation of complaints, obtaining CVC/CVO's first stage advice, wherever required, assistance to Ministry in issuance of charge sheets, monitoring the charge sheet issued by the Disciplinary authorities in the field, monitoring of progress in inquiry proceedings, processing of enquiry reports, obtaining CVC/CVO's second stage advice, wherever required and communication thereof to Disciplinary authorities and monitoring compliance/implementation of the advice.

The following have held the post of the Central Vigilance Commissioners.{{Cite web |title=Former CVCs |url=https://cvc.gov.in/formercvcs.html |access-date=2024-11-21 |website=cvc.gov.in}}

{{expand section|date=April 2012}}

• CVC is only an advisory body. Central Government Departments are free to either accept or reject CVC's advice in corruption cases.{{cite web | url=http://www.hindu.com/2010/09/02/stories/2010090263291400.htm | archive-url=https://web.archive.org/web/20100905223958/http://www.hindu.com/2010/09/02/stories/2010090263291400.htm | url-status=dead | archive-date=5 September 2010 | title=Make Lokpal, Lokayukta apex, independent agencies | date=2 Sep 2010 | work=The Hindu | access-date=April 30, 2012}}
• CVC does not have adequate resources compared with number of complaints that it receives. It is a very small set up with a sanctioned staff strength of 299,{{cite web|title=CVC – Introduction|url=http://cvc.gov.in/introduction.htm|publisher=cvc.gov.in|access-date=20 June 2012|archive-url=https://web.archive.org/web/20140222055507/http://cvc.gov.in/introduction.htm|archive-date=22 February 2014|url-status=dead|df=dmy-all}} while it is supposed to check corruption in more than 1500 Union departments and ministries.{{cite web | url=http://indiacurrentaffairs.org/staff-strength-of-cvc/ | title=What is the Staff Strength of CVC? | publisher=indiacurrentaffairs.org | date=August 24, 2011 | access-date=April 30, 2012}}
• CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such a permission has to be obtained from the department concerned. However, this provision was declared unconstitutional by Supreme court in 2014.{{Cite book|title=Dr Subramanian Swamy v. Director, Central Bureau of Investigation & Anr.; W.P.(C) 38 of 1997|date=6 May 2014}} The court had stated that merely the post of a person could not keep him above the law, further stating that section 6 of the Delhi Special Police is violative of fundamental right Article 14.{{Cite web|last=Kanoon|first=Indian|title=Dr.Subramanian Swamy vs Director, Cbi & Anr on 6 May, 2014|url=https://indiankanoon.org/doc/183165917/}}
• CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary cases.{{cite web | url=http://cvc.gov.in/CVC_power.htm | title=Functions and Powers of the Central Vigilance Commission | publisher=CVC.gov.in | access-date=April 30, 2012 | archive-url=https://web.archive.org/web/20120511053713/http://cvc.gov.in/CVC_power.htm | archive-date=11 May 2012 | url-status=dead | df=dmy-all }}
• CVC has supervisory powers over CBI. However, CVC does not have the power to call for any file from CBI or to direct CBI to investigate any case in a particular manner. CBI is under administrative control of Department of Personnel and Training (DoPT), which means that the powers to appoint, transfer and suspend CBI officers lie with DoPT.
• Appointments to CVC are indirectly under the control of the Union government, though the leader of the Opposition (in Lok Sabha) is a member of the committee to select CVC and VCs, as the candidates that are to be put up before it are decided by the Union government; the committee can only consider the candidates put up before it.

As a result, the CVC has neither resources nor powers to inquire and take action on complaints of corruption that may act as an effective deterrence against corruption.{{cite news | url=http://www.outlookindia.com/article.aspx?271229 | title=What Is Wrong With Our Anti-Corruption Systems? | work=Outlook India | date=Apr 6, 2011 | access-date=April 30, 2012 | author=India Against Corruption}}

PJ Thomas was appointed as the Chief Vigilance Commissioner in September 2010, on the recommendation of a High Powered Committee (HPC) headed by the Prime Minister. The selection of the new CVC was marked by controversies, after Sushma Swaraj, who was part of three-member selection committee, objected to the choice of Thomas, citing the pending chargesheet against him. A public interest litigation was filed in the Supreme Court by Centre for Public Interest Litigation and India Rejuvenation Initiative.{{cite web|url=http://www.dailypioneer.com/290222/Controversial-appointment-of-CVC-reaches-apex-court.html |title=The Pioneer |access-date=2012-04-30 |url-status=live |archive-url=https://web.archive.org/web/20160304043801/http://www.dailypioneer.com/290222/Controversial-appointment-of-CVC-reaches-apex-court.html |archive-date=2016-03-04 }}

On 3 March 2011, the Supreme Court quashed the appointment of Thomas as the Chief Vigilance Commissioner, noting that the HPC did not consider the relevant materials on the pending chargesheet.{{cite web |url=http://www.indianexpress.com/news/supreme-court-strikes-down-p-j-thomas-as-vigilance-chief/757204/ |title=Supreme Court strikes down P J Thomas as vigilance chief |date=3 March 2011 |access-date=2012-04-26 |url-status=live |archive-url=https://web.archive.org/web/20110307073554/http://www.indianexpress.com/news/Supreme-court-strikes-down-p-j-thomas-as-vigilance-chief/757204/ |archive-date=2011-03-07 }} Supreme Court strikes down P J Thomas as vigilance chief Subsequently, Thomas resigned.{{cite web | url=http://news.outlookindia.com/items.aspx?artid=713707 | title=Thomas Resigns As CVC | publisher=Outlook India | date=March 3, 2011 | access-date=April 30, 2012 | url-status=dead | archive-url=https://archive.today/20130131093203/http://news.outlookindia.com/items.aspx?artid=713707 | archive-date=January 31, 2013 }}

{{main article|Whistleblower protection in India}}

A few years after the murder of IIT Kanpur alumnus NHAI engineer, the CVC launched an initiative to protect whistleblowers. However, this programme has been criticized by ex-Chief Justice of India R.C. Lahoti as being ineffective. He said that he had on previous occasions through his NGO India Rejuvenation Initiative, tried to draw the attention of high officials in the CVC to the unsatisfactory manner of its functioning, but with no results.{{cite web | title=CVC seeks powers to protect whistleblowers | website=The Indian Express | date=25 July 2010 | url=https://indianexpress.com/article/india/latest-news/cvc-seeks-powers-to-protect-whistleblowers/ | access-date=22 December 2024 |quote=every whistleblower who risked his life to approach the CVC had "come to grief" |url-access=subscription}}

Before K V Chowdary's appointment, Supreme Court lawyer and Rajya Sabha MP Ram Jethmalani{{cite web|url=http://tilakmarg.com/news/now-ram-jethmalani-opposes-cvc-appointment-of-ex-cbdt-chief-kv-chowdary/ |title=Now, Ram Jethmalani opposes CVC appointment of ex-CBDT chief KV Chowdary | Tilak Marg |date=4 June 2015 |access-date=2015-07-22 |url-status=live |archive-url=https://web.archive.org/web/20160304223142/http://tilakmarg.com/news/now-ram-jethmalani-opposes-cvc-appointment-of-ex-cbdt-chief-kv-chowdary/ |archive-date=2016-03-04 }} as well as lawyer and activist Prashant Bhushan{{cite web |url=http://www.tehelka.com/2015/06/after-jethmalani-bhushan-explains-why-kv-chowdhary-shouldnt-be-cvc/?singlepage=1 |title=Prashanth Bhushan explains why KV Chowdhary shouldn't be CVC | Tehelka - Investigations, Latest News, Politics, Analysis, Blogs, Culture, Photos, Videos, Podcasts |website=www.tehelka.com |access-date=15 January 2022 |archive-url=https://web.archive.org/web/20150924113858/http://www.tehelka.com/2015/06/after-jethmalani-bhushan-explains-why-kv-chowdhary-shouldnt-be-cvc/?singlepage=1 |archive-date=24 September 2015 |url-status=dead}} raised a red flag, asking the Prime Minister not to go ahead with his appointment,{{cite web |url=http://www.indiacentral.org/videos/interviews/prashant-bhushan-on-the-new-cvc-appointment-shocking-facts |title=Prashant Bhushan on the new CVC appointment. Shocking Facts |access-date=2015-07-29 |url-status=dead |archive-url=https://web.archive.org/web/20150730035849/http://www.indiacentral.org/videos/interviews/prashant-bhushan-on-the-new-cvc-appointment-shocking-facts |archive-date=2015-07-30 }} raising severe objections on Chowdary's tenure as CBDT Chief. After Chowdary was appointed, Jethmalani expressed disappointment and wrote a letter to Narendra Modi questioning Chowdhary's credentials.{{cite web |url=http://www.hindustantimes.com/india-news/jethmalani-announces-break-up-with-pm-modi-over-naming-of-kv-chowdary-as-cvc/article1-1356598.aspx |title=Why Jethmalani is unhappy with Modi govt over new CVC's appointment |access-date=2015-07-22 |url-status=dead |archive-url=https://web.archive.org/web/20150903051756/http://www.hindustantimes.com/india-news/jethmalani-announces-break-up-with-pm-modi-over-naming-of-kv-chowdary-as-cvc/article1-1356598.aspx |archive-date=2015-09-03 |date=9 June 2015 }} NGO Common Cause represented by Prashant Bhushan has filed a petition in the Supreme Court challenging K V Chowdary's appointment as CVC and T M Bhasin's appointment as VC on 22 July.{{cite web|url=http://www.outlookindia.com/news/article/petition-in-sc-challenging-appointment-of-cvc-and-vc/907582 |title=Petition in SC Challenging Appointment of CVC and VC |access-date=2015-07-22 |url-status=live |archive-url=https://web.archive.org/web/20151028212210/http://www.outlookindia.com/news/article/petition-in-sc-challenging-appointment-of-cvc-and-vc/907582 |archive-date=2015-10-28 }}

The following initiatives have been taken by CVC:

1. National Anticorruption Strategy
2. Leveraging Technology to Prevent Corruption
3. Integrity in Public procurement
4. Awareness Campaign
5. Provision for Whistle Blowers
6. Improving the Standard of Vigilance Work
7. Computerisation of Commission's Work
8. Modern Preventive Vigilance Framework
9. International Cooperation. etc.{{cite web|title=Initiatives taken by the Commission|url=http://cvc.nic.in/newinit16092010.htm|url-status=dead|archive-url=https://web.archive.org/web/20160504152931/http://www.cvc.nic.in/newinit16092010.htm|archive-date=4 May 2016|access-date=2012-12-30|df=dmy-all}}

Driven by the Central Vigilance Commission,{{Cite web|url=http://cvc.nic.in/|title=Home {{!}} Central Vigilance Commission {{!}} Government of India|website=cvc.nic.in|access-date=2019-11-06|archive-date=18 January 2012|archive-url=https://web.archive.org/web/20120118042445/http://cvc.nic.in/|url-status=dead}} Vigilance Awareness Week (VAW) is being celebrated every year and coincides with the birthday of Sardar Vallabhbhai Patel, known to be a man of high integrity. To make a New India by the year 2022, which is the 75th anniversary of Indian independence from the British Raj, the VAW is being celebrated in promoting integrity and eradicating corruption.

In 2019, the CVC observed VAW from 28 October 2019 to 2 November 2019 with the theme "Integrity – A way of life" ("ईमानदारी के साथ आत्म निर्भरता").{{citation needed|date=January 2022}}

The theme for VAW 2020, observed from 27 October to 2 November was "Vigilant India, Prosperous India"{{citation needed|date=January 2022}}

The theme for VAW 2021 was "Self Reliance with Integrity”.{{citation needed|date=January 2022}}

The theme for VAW 2022 is "Corruption Free India for a Developed nation"

The theme for VAW 2023 is "Say no to corruption, commit to the Nation"

• Central Bureau of Investigation (CBI)
• Hawala scandal
• Ranjana Kumar
• Whistleblower protection in India

{{Reflist}}

• [http://www.cvc.nic.in/ Official website – http://www.cvc.nic.in] {{Webarchive|url=https://web.archive.org/web/20091216172032/http://www.cvc.nic.in/ |date=16 December 2009 }}
• [https://web.archive.org/web/20110812233245/http://cvc.gov.in/cvcact.pdf The CVC Act, 2003 – https://web.archive.org/web/20110812233245/http://cvc.gov.in/cvcact.pdf]
• [https://web.archive.org/web/20171215065502/http://cvc.nic.in/dintegrity.pdf Public servants of gazetted status of doubtful integrity]

{{Indian commissions}}

{{Corruption}}

Category:Indian commissions and inquiries

Category:Anti-corruption measures in India

Category:Anti-corruption agencies

Category:1964 establishments in Delhi

Category:Government agencies established in 1964