In the late 50s, the Government of India acting on legitimate concerns expressed by Members of Parliament regarding the menace of corruption, had set up a committee to review the existing instruments for checking corruption in central government organisations and to advise practical steps that should be taken to make anti-corruption measures more effective. The committee came to be known as the ‘Santhanam Committee’, as it was formed under the Chairmanship of Shri K. Santhanam, Member of Parliament.

A Government of India Resolution was passed on 11.02.1964, taking into consideration the recommendations of the Committee, and the Central Vigilance Commission (CVC) came into existence. The establishment of the Commission was considered essential for evolving and applying common standards in deciding cases involving lack of probity and integrity in public life. Shri Nittoor Sreenivasa Rau, a freedom fighter and Chief Justice of the High court of Mysore State became the first Central Vigilance Commissioner on 19th February 1964.

“The Commission is a unique example of the Government imposing on itself certain extra constitutional obligations of far-reaching importance of its own free will.” – GL Nanda, Former Home Minister of India

In 1997, in the wake of the directions of the Hon’ble Supreme Court, in the Writ Petition filed in public interest by Shri Vineet Narain and others in the Hawala Case, the Government promulgated an Ordinance in 1998. This Ordinance conferred statutory status on the CVC with powers to exercise superintendence over the functioning of the Delhi Special Police Establishment. After the Bill was passed by both the Houses of Parliament and with the assent of the President, the CVC Act, 2003 came into force with effect from 11.09.2003.

With the CVC Act coming into effect, the Central Vigilance Commission became a three-member body, with the Central Vigilance Commissioner and two Vigilance Commissioners. The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President of India on the recommendations of a High-Powered Committee (HPC) consisting of the Prime Minister, the Minister of Home Affairs and the Leader of the Opposition in the House of the People (Lok Sabha).

The CVC Act confers adequate independence and functional autonomy to the Commission in line with Article 6 and Article 36 of the United Nations Convention Against Corruption whereby ratifying countries need to ensure an independent preventive anti-corruption authority in their countries.

ROLES AND FUNCTIONS

The Central Vigilance Commission is the apex integrity institution of the Govt. of India, mandated to combat corruption and ensure integrity in administration and public services. The Commission’s focus on creating an efficient vigilance administration across organizations, with an aim towards transparent, ethical, objective, accountable and responsive system of governance, would ensure effective anti-corruption and preventive measures, thereby eliminating the possibility of indulging in corrupt and unfair practices by government servants. The mandate of the Commission is laid down in the CVC Act, 2003.

The Commission endeavours to achieve its objectives by exercising superintendence over the vigilance administrations of the various Central Government Ministries, Departments and Organisations of the Central Government, inquire or cause an inquiry or investigation to be made on a reference by the Central Government, inquire or cause an inquiry or investigation to be made into any complaint received against any official under its jurisdiction, tender advice to the Central Government and its organisations on such matters as may be referred by them, call for the report of inquiry undertaken by any agency on a reference made by the Commission and to tender advice as to the further course of action.

The Commission also conducts preliminary inquiry into the complaints referred by Lokpal in respect of Gr. A, B, C& D officials. The Commission may also cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informers’ (PIDPI) Resolution and recommend appropriate action thereof.

The Commission further exercises superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988; or offences under the Code of Criminal Procedure, 1973 for certain categories of public servants. It also gives directions to the Delhi Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988.

The Commission also reviews the progress of investigations conducted by the Delhi Special Police Establishment (CBI) into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Code of Criminal Procedure and review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988.

The appointment of the officers to the posts of the level of Deputy Director and above (including the Director) in the Directorate of Enforcement is recommended by a committee under the chairpersonship of Central Vigilance Commissioner and with Vigilance Commissioner and other officers of Government of India as members.

Further, the appointment of officers to the posts of the level of SP and above in the CBI (except Director, CBI) is recommended by a committee under the chairpersonship of Central Vigilance Commissioner and with Vigilance Commissioner and other officers of Government of India as members.

ORGANIZATION STRUCTURE

The Commission

The Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Members). The Central Vigilance Commission has its own Secretariat, Chief Technical Examiners’ Wing (CTE), a wing of Commissioners for Departmental Inquiries (CDI) and the Chief Vigilance Officers.

Secretariat

The Secretariat consists of a Secretary who has the powers of Head of Department, four Additional Secretaries, thirty one Directors/Deputy Secretaries (including three Officers on Special Duty), Eight Under Secretaries and office staff. Commission also takes services of four officers of DGM/GM level drawn from various banks on secondment basis.

Chief Technical Examiners’ Wing (CTE)

The Chief Technical Examiner’s Organization constitutes the technical wing of the Central Vigilance Commission. The wing comprises of two Chief Technical Examiners (of the rank of Chief Engineer), who, in turn, are assisted by eight Technical Examiners (of the rank of Executive Engineer) and other supporting engineering staff.

Commissioners for Departmental Inquiries (CDIs)

Commission may appoint any officer of the rank of Director/ Deputy Secretary posted in the commission as commissioner of Departmental inquiries (CDI). The CDIs function as inquiry Officer to conduct oral inquiries in departmental proceeding initiated against public servants.

Chief Vigilance Officers (CVOs)

Each department/organization, to which the advisory jurisdiction of the CVC extends, has a vigilance unit headed by a Chief Vigilance Officer (CVO). The CVOs act as the extended arms of the CVC and for all practical purposes represent the CVC in respect of vigilance matters. The CVO serves as a vital link between the department/organization and the CVC.