The Central Vigilance Commission

In one line

The Central Vigilance Commission is the apex body of the vigilance administration, it supervises the anti-corruption work of the Central Bureau of Investigation, and it advises rather than decides.

In the wording a student can write in an exam: the Commission consists of a Central Vigilance Commissioner as Chairperson and not more than two Vigilance Commissioners; it exercises superintendence over the functioning of the Delhi Special Police Establishment so far as its work relates to offences under the Prevention of Corruption Act 1988; it exercises superintendence over the vigilance administration of the Ministries and of central corporations, companies, societies and local authorities; and it inquires or causes inquiries into complaints against specified categories of officials.

Origin

The Commission was created by an executive resolution in 1964, on the recommendation of the Santhanam Committee on Prevention of Corruption, which reported in that year and is worked in its own chapter in Module III.

It had no statutory basis for thirty-five years. It was given one first by the Central Vigilance Commission Ordinance 1999, promulgated after the Supreme Court's directions in Vineet Narain v. Union of India, and then by the Central Vigilance Commission Act 2003, section 3 of which deems the Commission continued under the 1999 executive resolution to be the Commission constituted under the Act.

That sequence is the whole story of Indian vigilance machinery in three sentences: a committee recommends a body, the executive creates it without a statute, and thirty-five years later a court has to direct that it be given one.

Composition, appointment and removal

Section 3(2). A Central Vigilance Commissioner as Chairperson, and not more than two Vigilance Commissioners as Members.

Section 4, appointment. By the President by warrant under his hand and seal, after obtaining 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. Where no Leader of the Opposition has been recognised, the Leader of the single largest opposition group is included. An appointment is not invalid merely by reason of a vacancy in the Committee.

Section 5. Terms and conditions of service.

Section 6, removal. Removal 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 he ought to be removed. The President may suspend him pending that reference. He may also be removed if he is adjudged insolvent, is convicted of an offence which in the Government's opinion involves moral turpitude, engages in paid employment outside his duties, or is otherwise unfit.