The Central Vigilance Commission

In one line

The Central Vigilance Commission is the apex body that supervises vigilance work in the central government, advises departments on disciplinary cases of corruption, and superintends the anti-corruption work of the Delhi Special Police Establishment.

In the words a student can write in an exam: the Central Vigilance Commission was set up by a government resolution in 1964 on the recommendation of the Santhanam Committee, was given statutory status by the Central Vigilance Commission Act 2003 following the directions of the Supreme Court, and consists of a Central Vigilance Commissioner as Chairperson and not more than two Vigilance Commissioners, appointed by the President on the recommendation of a committee of the Prime Minister, the Minister of Home Affairs and the Leader of the Opposition. It exercises superintendence over the functioning of the Delhi Special Police Establishment in so far as it investigates offences under the Prevention of Corruption Act 1988, inquires or causes inquiries into offences alleged against specified categories of public servants, tenders advice to the Central Government and its authorities on vigilance matters, and functions as the designated agency under the Public Interest Disclosure and Protection of Informers Resolution 2004.

The history

Three steps, and the sequence is examinable.

1. The Santhanam Committee on Prevention of Corruption, which reported in 1964, recommended a central body to advise and guide central government agencies in vigilance matters.

2. The Commission set up by a government resolution in 1964. For over thirty years it existed only as an executive body, without statutory backing, which limited both its powers and its independence.

3. Statutory status by the Central Vigilance Commission Act 2003, which followed the Supreme Court's directions in the case commonly known as the hawala case, in which the Court directed that the Commission be given statutory status and that the Central Bureau of Investigation be insulated from executive interference. That decision is identified in authorities/cases.json and has not been read in a session, so it is named here and its holding is not stated in detail.

The scheme of the Act

Twenty-seven sections. The important ones are these.

Constitution and appointment, sections 3 to 7

• Section 3: constitution of the Central Vigilance Commission, consisting of a Central Vigilance Commissioner as Chairperson and not more than two Vigilance Commissioners as Members.
• Section 4: appointment of the Central Vigilance Commissioner and Vigilance Commissioners by the President by warrant under his hand and seal, on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Minister of Home Affairs and the Leader of the Opposition in the House of the People.

The inclusion of the Leader of the Opposition is the independence safeguard, and it should be mentioned. It follows the pattern used for other watchdog appointments and is comparable to the Selection Committee under section 4 of the Lokpal and Lokayuktas Act 2013: [Lokpal: the Lokpal and Lokayuktas Act 2013].