According to Corruption Perception Index 2022 , India ranks 85th among 180 countries in terms of corruption in the administration. Hence, to eradicate corruption from the country, the Central Vigilance Commission has been constituted as an independent investigating agency. It emphasises on evolving the mechanisms to fight corruption and bring out fair play and transparency in the governance system.

Central Vigilance Commission Background

• Establishment of CVC: The Central Vigilance Commission was established as an Executive body on 11th February 1964, on the recommendations of K Santhanam Committee.
• Statutory Status to the Commission: In 1997, the Central Government appointed an independent review Committee to suggest measures for strengthening anti-corruption activities.  The Committee suggested providing statutory status to the Commission.
• In Vineet Narain Case (Hawala Case) 1997, the Supreme Court instructed the government to grant statutory status to the CVC. 
• In 1998, the CVC was given statutory status through The Central Vigilance Commission Ordinance, 1998.
• Subsequently, the CVC Bill was approved by both houses of Parliament in 2003.

Appointment and Composition of Central Vigilance Commission

The CVC is an independent multi-member body consisting of:

• The Central Vigilance Commissioner serves as the chairperson and 
• Not more than 2 Vigilance Commissioners.

They all are appointed by the President on the recommendations of a three members Committee comprising:

• Prime Minister ( chairperson of the Committee),
• Union minister of Home Affairs, and
• The leader of the opposition in the Lok Sabha is also included.

Qualifications for the members of Central Vigilance Commission

• The persons appointed as the Central Vigilance Commissioner and other vigilance Commissioners should be those who have knowledge or experience in the matters relating to vigilance, policy making and administration.
• They should also have expertise and experience in finance including insurance, banking, law, vigilance and investigations.

Tenure and conditions of services of members of CVC

The chairperson and other CVC members have a term of four years or until they reach the age of 65, whichever comes first. 

After completion of their tenure they are not eligible for further employment under the Central or State Government.

The salaries, allowances and other conditions of the Central Vigilance Commissioner is same as that of the Chairman of UPSC and that of Vigilance Commissioners is similar to members of the UPSC. These conditions cannot be varied to their disadvantage after their appointment.

Removal of the members of the CVC

The Chairperson and other members of the Commission can only be removed from his/her office by the order of the President on the following grounds:

• Proved misbehaviour or incapacity (In such matters, a Supreme Court inquiry is held).
• If he/she is an adjudged insolvent.
• If he/she engages in any paid employment outside the duties of his/her office.
• If he/she is of unsound mind or body.
• If he/she is convicted and sentenced to imprisonment for an offence, which involves moral turpitude. 
• If he/she has acquired such financial or other interests which would likely to affect his/her official functions.

Functions of Central Vigilance Commission

Under CVC Act, 2003 the Central vigilance Commission performs following functions:

• Inquiry and investigation: The Central Vigilance Commission conducts inquiries in matters where it has been alleged that a public servant has committed any offence under Prevention of Corruption Act, 1988 (POCA).

The public servant here includes:

1. Members consist of all-India services and Group A officials from the Central government.  
2. Officers who rank Scale V and higher in Public Sector Banks are included.  
3. Officers of Grade D and above in RBI, NABARD, and SIDBI are also represented.
4. Manager and above ranks in General Insurance Companies
5. Senior division managers and above ranks in LIC.

• Superintendence: The CVC exercises superintendence over the Functioning of the Central Bureau of Investigation (CBI) in offences related to Prevention of Corruption Act, 1988.

The CVC exercises superintendence over the Vigilance administration in the ministries of the Central Government.

• Review: The Commission reviews the progress of investigations conducted by the CBI and also reviews the progress on applications pending under competent authorities under POCA, 1988.
• Advisory role: The CVC advises the Central government and its authorities on such matters as referred by them.

The Central Government is required to consult CVC in making rules and regulations governing the vigilance and disciplinary matters related to members of Central and All India Services.

• Role in appointments: The Central Vigilance Commissioner and the other Vigilance Commissioners are the part of the Selection Committee which appoints the Director of Enforcement (ED). 

They are also a part of the Selection Committee on whose recommendations the officers to the posts of SP and above are appointed in CBI. (Except Director of CBI)

• Additional functions under Lokpal and Lokayukta Act, 2013: The Commission is empowered to conduct preliminary inquiry into complaints referred to it  by the Lokpal with respect to officers of group A, B, C and D.
• Information related to money laundering: The CVC has been notified as a specific authority to receive information related ro suspicious transactions under Prevention of Money Laundering Act, 2002.

• Powers of a civil court: : While investigating a matter, Commissioner has all the powers of a civil court in following manner:
  • The Commission can summon and enforce the attendance of any person from any part of India.
  • The Commission can ask for any evidence, document and any public record from Court or any other public office.
  • The Commission can ask any person to give oral or written evidence.

Reports of Central Vigilance Commission

The CVC submits a report to the President, annually on its performance. Such a report is presented by the President in the Parliament.

Chief Vigilance Officers

Other than Central Vigilance Commissioner and other Vigilance Commissioners, all the ministries/ departments in the Union Government have a Chief Vigilance Officer (CVO) who heads the Vigilance Division of the concerned organisation. He/she performs as a link between the organisation and CVC.

Challenges in functioning of CVC

While discharging its functions, the CVC faces following challenges:

• Lack of powers: The CVC is often considered as a powerless agency. This is because; it does not have any mechanism of its own to investigate the complaints. It only directs agencies like CBI to conduct inquiries.
• Non-binding recommendations: The recommendations made by the CVC are also recommendatory in nature. The Commission is not provided with the powers to enforce its recommendations. The Commission lacks resources and autonomy in its functioning.
• Overlapping jurisdiction: The CVC often faces difficulty in performing its functions due to overlapping jurisdiction with other organisations like CBI. Sometimes, the domain and jurisdiction of the organisation is not clear resulting in less efficient functioning of the Commission.
• Irregular appointments: The mandate of the Commission is to ensure transparency and regularity in the functioning of the public offices. However, the Commission itself faces the challenge of irregular appointments which hamper its functioning. E.g. the Post to Central vigilance Commissioner was vacant for several months during 2019-20
• Lack of awareness: CVC promotes various initiatives to make people aware of corruption related measures like Vigilance Week, promotion of Integrity Pledge etc. However, still there is less awareness among people regarding provisions related to corruption. Hence, lack of active participation from people is also a hurdle in effective functioning of CVC.

Way ahead

As per CVC annual report 2021, the Commission received 2778 cases in 2020 and successfully disposed of 2261 cases in a timely manner. The Commission should be further reformed to improve its functioning by taking following measures like:

• The appointments of the Commissioners should be made in a timely manner.
• There is a need to clearly define and demarcate the jurisdiction of the CVC to prevent overlapping in functioning of organisations.
• The CVC Act, 2003 should be re-examined and reformed considering the rising corruption in the country.
• The CVC should incorporate preventive measures rather than reactive efforts to curb the instances of corruption in the country. For this,  the Commission should try to integrate with citizens and civil society organisations to exact accountability from public officials.

Conclusion

The Central Vigilance Commission plays a vital role in preventing corruption, promoting transparency and reducing frauds in India. Hence, the Commission should remain open to constructive criticism and seek advice from experts and activists to root out the menace of corruption from the country.