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Central Vigilance Commission (CVC)
Introduction
The Central Vigilance Commission (CVC) is the highest vigilance and anti-corruption body of the Government of India. It supervises vigilance administration and helps prevent corruption in Central Government organisations.
The Commission is an independent statutory body that works to promote integrity, transparency, accountability, and good governance in public administration.
The CVC mainly deals with corruption cases involving Central Government employees and public servants under the Prevention of Corruption Act, 1988.
Objective of the CVC
The main objectives are to:
- Prevent corruption in Central Government organisations.
- Ensure honesty and integrity in public administration.
- Supervise vigilance administration.
- Advise government departments on vigilance matters.
- Monitor investigation of corruption cases.
- Promote transparency and accountability.
- Strengthen ethical governance.
Legal Basis
Initially Established
- Year: 1964
- Established by a Resolution of the Government of India
- Based on the recommendations of the Committee on Prevention of Corruption (Santhanam Committee).
Statutory Status
- Given statutory status through the Central Vigilance Commission Act, 2003.
Thus,
- 1964 → Created by Government Resolution
- 2003 → Became a Statutory Body through CVC Act, 2003
Santhanam Committee
The Committee on Prevention of Corruption was headed by:
Shri K. Santhanam
Recommendations
The Committee recommended:
- Creation of an independent vigilance body.
- Strong anti-corruption mechanisms.
- Better disciplinary procedures.
- Improvement in public administration.
- Monitoring corruption cases.
These recommendations led to the establishment of the Central Vigilance Commission.
Nature of the CVC
The Central Vigilance Commission is:
- Statutory Body
- Independent Body
- Autonomous Institution
- Apex Vigilance Institution
- Apex Integrity Institution
It functions without interference from government ministries.
Why is the CVC called an Apex Integrity Institution?
Because it:
- Promotes honesty.
- Prevents corruption.
- Maintains ethical standards.
- Ensures accountability.
- Protects public interest.
- Encourages transparent governance.
Independence of CVC
The CVC enjoys complete independence in performing its duties.
It is:
- Not controlled by any Ministry.
- Not controlled by any Department.
- Independent in decision-making.
- Free from executive interference.
This independence helps ensure fair and impartial functioning.
Accountability
Although independent,
The CVC is accountable to Parliament.
It submits reports regarding its functioning and vigilance activities.
Headquarters
New Delhi
Composition of CVC
The Commission consists of:
- One Central Vigilance Commissioner (Chairperson)
- Maximum two Vigilance Commissioners (Members)
Appointment
The Central Vigilance Commissioner and Vigilance Commissioners are appointed by the President of India.
Recommendation Committee
Appointments are made on the recommendation of:
- Prime Minister (Chairperson)
- Union Home Minister
- Leader of Opposition in the Lok Sabha
(If no recognised Leader of Opposition exists, the leader of the largest opposition party is considered.)
Tenure
The Central Vigilance Commissioner and Vigilance Commissioners hold office:
- 4 years, or
- Until attaining the age of 65 years,
Whichever is earlier.
Removal
The President can remove the Central Vigilance Commissioner or Vigilance Commissioner under the conditions specified in the Central Vigilance Commission Act, 2003, such as proved misbehaviour, incapacity, insolvency, conviction for certain offences, or engaging in paid employment outside official duties. In specified cases of proved misbehaviour or incapacity, the matter is referred to the Supreme Court for inquiry before removal.
Main Functions of the CVC
The CVC performs several important functions:
1. Supervision of Vigilance Administration
It supervises vigilance work in:
- Ministries
- Departments
- Public Sector Undertakings (PSUs)
- Government Companies
- Public Authorities
2. Inquiry into Corruption Cases
The Commission:
- Receives complaints.
- Conducts inquiries.
- Orders investigations.
- Monitors corruption cases.
3. Cases under the Prevention of Corruption Act, 1988
The Commission deals with offences under the Prevention of Corruption Act involving specified categories of Central Government public servants.
4. Advice to Government
The Commission advises:
- Central Government
- Ministries
- Departments
- Public Sector Organisations
on vigilance and disciplinary matters.
5. Supervision over CBI
The CVC exercises superintendence over the investigation of offences under the Prevention of Corruption Act by the Delhi Special Police Establishment (CBI) as provided by law.
6. Review of Vigilance Work
It periodically reviews:
- Pending investigations.
- Departmental inquiries.
- Disciplinary proceedings.
- Vigilance administration.
7. Monitoring Disciplinary Proceedings
The Commission ensures that corruption cases are processed without unnecessary delay.
8. Promote Preventive Vigilance
The CVC encourages departments to:
- Remove corruption-prone procedures.
- Improve transparency.
- Simplify rules.
- Introduce good governance practices.
9. Integrity Promotion
The Commission promotes:
- Ethical behaviour.
- Honest administration.
- Clean governance.
Jurisdiction of the CVC
The CVC deals with corruption involving:
- Central Government employees.
- Officers of Central Government Ministries.
- Public Sector Undertakings (PSUs).
- Government Companies.
- Corporations established under Central Acts.
- Societies owned or controlled by the Central Government.
- Local authorities owned or controlled by the Central Government.
- Other specified categories of Central public servants.
Powers of the CVC
The Commission has powers to:
- Conduct inquiries.
- Direct investigations in accordance with law.
- Call for reports.
- Examine records.
- Recommend disciplinary action.
- Monitor investigations.
- Advise the Government on vigilance matters.
Role in Prevention of Corruption
The CVC helps in:
- Detecting corruption.
- Preventing bribery.
- Monitoring investigations.
- Improving vigilance systems.
- Strengthening accountability.
- Promoting transparency.
- Supporting good governance.
Difference between CVC and CBI
| CVC | CBI |
|---|---|
| Statutory body | Investigative agency under the Delhi Special Police Establishment Act |
| Supervises vigilance administration | Investigates criminal offences |
| Gives advice and monitors vigilance | Conducts investigations and files charge sheets |
| Does not itself prosecute offenders | Investigates offences and prosecutes through courts in appropriate cases |
| Promotes preventive vigilance | Focuses on criminal investigation |
CVC and Prevention of Corruption Act
The CVC inquires into or causes inquiries to be conducted into offences alleged under the Prevention of Corruption Act, 1988 involving specified categories of Central Government public servants and employees of organisations under the Central Government’s control.
Importance of the CVC
The Commission:
- Strengthens anti-corruption efforts.
- Protects public money.
- Ensures integrity in administration.
- Increases public confidence.
- Promotes clean governance.
- Reduces misuse of public office.
- Encourages ethical administration.
Section 3 – Constitution of the Central Vigilance Commission (CVC)
Central Vigilance Commission Act, 2003
Simple English Notes (Full Details)
Section 3 – Constitution of the Central Vigilance Commission
Section 3 provides for the establishment, composition, appointment, and headquarters of the Central Vigilance Commission (CVC).
It lays down how the Commission is formed, who can become its members, and where it functions.
Purpose of Section 3
The purpose of this section is to:
- Establish the Central Vigilance Commission (CVC).
- Define its composition.
- Prescribe the qualifications of its members.
- Provide for the appointment of a Secretary.
- Continue the existing Commission established earlier.
- Specify the headquarters of the Commission.
1. Constitution of the Commission [Section 3(1)]
The Act establishes a body called the Central Vigilance Commission (CVC).
The Commission exercises:
- all powers given under the Central Vigilance Commission Act, 2003,
- all functions assigned under the Act.
Continuation of Earlier Commission
Before the enactment of the CVC Act, the Commission already existed under:
- Central Vigilance Commission Ordinance, 1999, and
- Government Resolution dated 4 April 1999 (later amended on 13 August 2002).
After the CVC Act came into force, the existing Commission was deemed to be the Commission constituted under this Act. This ensured continuity without creating a new institution.
2. Composition of the Commission [Section 3(2)]
The Commission consists of:
- One Central Vigilance Commissioner (CVC) – Chairperson.
- Not more than two Vigilance Commissioners (VCs) – Members.
Composition at a Glance
| Post | Number |
|---|---|
| Central Vigilance Commissioner | 1 |
| Vigilance Commissioners | Maximum 2 |
| Total Strength | Maximum 3 Members |
3. Qualifications for Appointment [Section 3(3)]
The Central Vigilance Commissioner and Vigilance Commissioners are appointed from among persons having high integrity, experience, and expertise.
They may belong to either of the following categories:
Category A – Senior Government Officers
Persons who:
- have served or are serving in an All India Service (such as IAS, IPS, IFoS),
- or in any Civil Service of the Union,
- or have held a civil post under the Central Government.
They should possess knowledge and experience in:
- Vigilance administration,
- Policy making,
- Public administration,
- Police administration.
Category B – Experts from Public Sector Organisations
Persons who have served or are serving in:
- Corporations established under a Central Act,
- Government companies owned or controlled by the Central Government.
They should have expertise in:
- Finance,
- Banking,
- Insurance,
- Law,
- Vigilance,
- Investigation.
Restriction on Composition
The Act provides a balance in appointments.
Among the Chairperson and Members:
- Not more than two persons can belong to the same category (either Category A or Category B).
This ensures diversity of experience in the Commission.
4. Appointment of Secretary [Section 3(4)]
The Central Government appoints a Secretary to assist the Commission.
Functions of the Secretary
The Secretary:
- manages the administrative work of the Commission,
- exercises powers assigned by the Commission,
- performs duties prescribed by the Commission through regulations,
- assists in the smooth functioning of the CVC.
The terms and conditions of appointment are decided by the Central Government.
5. Continuity of Existing Appointments [Section 3(5)]
Persons who were appointed as:
- Central Vigilance Commissioner,
- Vigilance Commissioners,
- Secretary,
under the 1999 Ordinance or the Government Resolution of 1999 continue to hold office under the Central Vigilance Commission Act, 2003.
Their:
- appointment,
- service conditions,
- tenure,
- rights,
remain unchanged.
This provision avoids disruption in the functioning of the Commission.
Explanation to Section 3(5)
The term “term of office” means:
The period beginning from the date on which the Central Vigilance Commissioner or Vigilance Commissioner assumed office and continuing under the CVC Act.
In simple words, their previous service is counted as part of their official tenure.
6. Headquarters of the Commission [Section 3(6)]
The headquarters of the Central Vigilance Commission is located at:
New Delhi
All major administrative and vigilance functions are coordinated from the headquarters.
Importance of Section 3
Section 3 is important because it:
- legally establishes the Central Vigilance Commission,
- creates an independent vigilance institution,
- ensures continuity of the Commission,
- prescribes the composition of the Commission,
- defines eligibility for appointment,
- provides administrative support through a Secretary,
- fixes the headquarters at New Delhi.
Quick Revision Table
| Provision | Details |
|---|---|
| Section | 3 |
| Subject | Constitution of Central Vigilance Commission |
| Body Created | Central Vigilance Commission (CVC) |
| Nature | Independent Statutory Vigilance Body |
| Chairperson | 1 Central Vigilance Commissioner |
| Members | Maximum 2 Vigilance Commissioners |
| Maximum Strength | 3 Members |
| Eligible Persons | Senior Central Government officers or experts from Central Government corporations/companies |
| Required Expertise | Vigilance, administration, police, finance, banking, insurance, law, investigation, policy making |
| Secretary | Appointed by Central Government |
| Previous Commission | Continued from the 1999 Ordinance and Government Resolution |
| Headquarters | New Delhi |
Section 4 – Appointment of Central Vigilance Commissioner and Vigilance Commissioners
Central Vigilance Commission Act, 2003
Simple English Notes (Full Details)
Section 4 – Appointment of the Central Vigilance Commissioner and Vigilance Commissioners
Section 4 explains how the Central Vigilance Commissioner (CVC) and Vigilance Commissioners (VCs) are appointed, who appoints them, and which committee recommends their names.
The aim of this section is to ensure that appointments are fair, transparent, and independent.
Purpose of Section 4
This section:
- Prescribes the appointment process of the CVC and Vigilance Commissioners.
- Provides for a high-level selection committee.
- Ensures independence in appointments.
- Prevents appointments from becoming invalid because of a vacancy in the selection committee.
1. Appointment by the President [Section 4(1)]
The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the:
President of India
The appointment is made by a warrant under the President’s hand and seal, which means it is a formal and official appointment made in the name of the President.
2. Recommendation by the Selection Committee
Before the President appoints the Commissioners, their names must be recommended by a Selection Committee.
The President appoints the Commissioners only after receiving the recommendation of this committee.
3. Composition of the Selection Committee
The Selection Committee consists of three members:
| Member | Position in Committee |
|---|---|
| Prime Minister | Chairperson |
| Union Minister of Home Affairs | Member |
| Leader of Opposition in the Lok Sabha | Member |
This committee selects suitable persons for appointment as the Central Vigilance Commissioner and Vigilance Commissioners.
4. If There Is No Leader of Opposition
Sometimes there may be no officially recognised Leader of Opposition (LoP) in the Lok Sabha.
In such a situation:
- The Leader of the Single Largest Opposition Party (or group) in the Lok Sabha will act as the member of the Selection Committee.
This ensures that the Opposition is represented in the appointment process even when there is no formally recognised LoP.
5. Vacancy in the Selection Committee [Section 4(2)]
If one of the committee members’ posts is vacant, the appointment does not become invalid.
For example:
- If the Leader of Opposition’s post is vacant,
- or if any committee member is unable to participate,
the appointment made on the recommendation of the remaining members remains legally valid.
This provision prevents delays in filling important positions in the Commission.
Importance of Section 4
Section 4 ensures:
- A transparent appointment process.
- Participation of both the Government and the Opposition.
- Independence of the Central Vigilance Commission.
- Continuity in appointments even if a committee member’s position is vacant.
- Protection against unnecessary legal challenges to appointments.
Quick Revision Table
| Provision | Details |
|---|---|
| Section | 4 |
| Subject | Appointment of Central Vigilance Commissioner and Vigilance Commissioners |
| Appointing Authority | President of India |
| Mode of Appointment | By warrant under the President’s hand and seal |
| Recommendation Required | Yes |
| Selection Committee Chairperson | Prime Minister |
| Other Members | Union Home Minister and Leader of Opposition in Lok Sabha |
| If No LoP Exists | Leader of the largest Opposition party/group in Lok Sabha acts as the member |
| Vacancy in Committee | Does not make the appointment invalid |
Section 5 – Terms and Other Conditions of Service of the Central Vigilance Commissioner and Vigilance Commissioners
Central Vigilance Commission Act, 2003
Simple English Notes (Full Details)
Section 5 – Terms and Conditions of Service
Section 5 lays down the tenure, oath, resignation, removal, post-retirement restrictions, salary, allowances, and service conditions of the Central Vigilance Commissioner (CVC) and the Vigilance Commissioners (VCs).
Its purpose is to ensure the independence, impartiality, and security of tenure of the Commission.
Purpose of Section 5
This section provides rules regarding:
- Term of office.
- Maximum age.
- Reappointment.
- Oath or affirmation.
- Resignation.
- Removal.
- Restrictions after retirement.
- Salary and allowances.
- Protection of service conditions.
1. Tenure of the Central Vigilance Commissioner [Section 5(1)]
The Central Vigilance Commissioner holds office for:
- 4 years from the date of entering office, or
- Until attaining the age of 65 years,
Whichever is earlier.
Reappointment
After completing the term, the Central Vigilance Commissioner cannot be reappointed to the Commission.
2. Tenure of Vigilance Commissioners [Section 5(2)]
Every Vigilance Commissioner also holds office for:
- 4 years, or
- Until attaining the age of 65 years,
Whichever is earlier.
Appointment as Central Vigilance Commissioner
After completing the term as Vigilance Commissioner, a person may be appointed as the Central Vigilance Commissioner.
However:
- The combined tenure as Vigilance Commissioner and Central Vigilance Commissioner cannot exceed 4 years in total.
Example
- If a person serves 2 years as Vigilance Commissioner, they can serve only 2 more years as Central Vigilance Commissioner.
3. Oath or Affirmation [Section 5(3)]
Before taking charge, every:
- Central Vigilance Commissioner, and
- Vigilance Commissioner,
must take an oath or affirmation.
The oath is administered by:
- the President of India, or
- a person authorised by the President.
The oath is taken in the form prescribed in the Schedule to the Act.
The oath signifies commitment to:
- uphold the Constitution,
- faithfully discharge official duties,
- act without fear or favour.
4. Resignation [Section 5(4)]
The Central Vigilance Commissioner or a Vigilance Commissioner may resign at any time.
The resignation must:
- be in writing,
- be signed by the Commissioner,
- be addressed to the President of India.
5. Removal [Section 5(5)]
The Central Vigilance Commissioner and Vigilance Commissioners can be removed only in accordance with Section 6 of the Act.
This protects them from arbitrary removal and strengthens the independence of the Commission.
6. Restrictions After Leaving Office [Section 5(6)]
After demitting office, the Central Vigilance Commissioner and Vigilance Commissioners cannot accept certain government appointments.
They are not eligible for:
(a) Constitutional or High Government Appointments
Such as:
- Diplomatic assignments (e.g., Ambassador or High Commissioner).
- Administrator of a Union Territory.
- Any office that is required by law to be appointed by the President through a warrant under his hand and seal.
(b) Government Employment
They cannot accept:
- any office of profit under the Government of India, or
- any office of profit under any State Government.
These restrictions ensure that Commissioners remain independent and are not influenced by expectations of future government posts.
7. Salary and Allowances [Section 5(7)]
Central Vigilance Commissioner
The salary, allowances, and service conditions are the same as those of the Chairman of the Union Public Service Commission (UPSC).
Vigilance Commissioners
The salary, allowances, and service conditions are the same as those of a Member of the Union Public Service Commission (UPSC).
This gives them a status and financial security comparable to senior constitutional authorities.
8. Effect of Previous Pension
If, at the time of appointment, the Commissioner is already receiving a government pension (other than a disability or wound pension):
- the salary payable as CVC or VC is reduced by the amount of that pension (including the commuted portion and pension equivalent of certain retirement benefits, excluding retirement gratuity).
This prevents a person from receiving full salary and full pension simultaneously for previous government service.
9. Retirement Benefits from Government Companies
If the Commissioner had earlier served in:
- a corporation established under a Central Act, or
- a Government company owned or controlled by the Central Government,
and is receiving retirement benefits from that service,
then the salary as CVC or VC is reduced by the pension equivalent of those retirement benefits.
10. Protection of Service Conditions
Once appointed:
- the salary,
- allowances,
- pension,
- and other service conditions
cannot be changed to the disadvantage of the Commissioner during the tenure.
This protects the independence of the office by preventing the Government from reducing benefits after appointment.
Importance of Section 5
Section 5 ensures:
- Security of tenure.
- Independence from executive pressure.
- Fair service conditions.
- Financial security.
- Protection against arbitrary changes.
- Restrictions on post-retirement appointments to avoid conflicts of interest.
Quick Revision Table
| Provision | Details |
|---|---|
| Section | 5 |
| Subject | Terms and Conditions of Service |
| Tenure of CVC | 4 years or 65 years, whichever is earlier |
| Tenure of VC | 4 years or 65 years, whichever is earlier |
| Reappointment of CVC | Not allowed |
| VC can become CVC? | Yes |
| Maximum Combined Tenure | 4 years (VC + CVC together) |
| Oath | Before President or authorised person |
| Resignation | In writing to the President |
| Removal | As provided under Section 6 |
| Post-retirement Employment | No diplomatic assignment, no Administrator of UT, no office of profit under Central or State Government |
| Salary of CVC | Same as UPSC Chairperson |
| Salary of VC | Same as UPSC Member |
| Previous Pension | Salary reduced by the amount of qualifying pension/retirement benefits as specified |
| Protection | Salary and service conditions cannot be changed to the Commissioner’s disadvantage after appointment |
Section 6 – Removal of Central Vigilance Commissioner (CVC) and Vigilance Commissioners (VCs)
Central Vigilance Commission Act, 2003
Simple English Notes (Full Details)
Section 6 – Removal of CVC and Vigilance Commissioners
Section 6 provides the procedure and grounds for removing the Central Vigilance Commissioner (CVC) and Vigilance Commissioners (VCs).
The purpose of this section is to protect the independence of the Commission by ensuring that Commissioners cannot be removed arbitrarily.
Purpose of Section 6
This section:
- Protects the independence of the Commission.
- Ensures fair removal only for valid reasons.
- Prevents political interference.
- Provides a judicial inquiry before removal in serious cases.
1. Removal on the Ground of Misbehaviour or Incapacity [Section 6(1)]
The Central Vigilance Commissioner or a Vigilance Commissioner can be removed only by the President of India on the grounds of:
- Proved misbehaviour, or
- Incapacity (physical or mental inability to perform duties).
However, before removal:
- The President refers the matter to the Supreme Court.
- The Supreme Court conducts an inquiry.
- The Supreme Court submits its report to the President.
- If the Court finds that the Commissioner should be removed, the President may issue the removal order.
Important Point
The President cannot remove the Commissioner on these grounds without the Supreme Court’s inquiry and recommendation.
2. Suspension During Inquiry [Section 6(2)]
While the Supreme Court is conducting the inquiry:
The President may:
- Suspend the Commissioner from office.
- Prevent the Commissioner from attending office if necessary.
The suspension continues until the President receives the Supreme Court’s report and passes the final order.
3. Removal Without Supreme Court Inquiry [Section 6(3)]
In certain situations, the President may remove the Commissioner directly, without referring the matter to the Supreme Court.
These situations are:
(a) Insolvency
If the Commissioner is declared insolvent (bankrupt) by a competent court.
(b) Conviction for an Offence Involving Moral Turpitude
If the Commissioner is convicted of a criminal offence involving moral turpitude (serious dishonesty or immoral conduct), and the Central Government considers it so.
Examples:
- Bribery
- Corruption
- Fraud
- Forgery
(c) Paid Employment During Tenure
If the Commissioner accepts any paid employment outside official duties while holding office.
This ensures complete independence.
(d) Physical or Mental Unfitness
If, in the opinion of the President, the Commissioner has become unfit due to:
- physical illness, or
- mental incapacity.
(e) Financial or Personal Interest
If the Commissioner acquires any:
- financial interest,
- business interest, or
- other personal interest
which is likely to affect the impartial discharge of official duties.
This prevents conflict of interest.
4. Misbehaviour Due to Government Contracts [Section 6(4)]
A Commissioner is deemed guilty of misbehaviour if he:
- has any personal interest in a contract made by or on behalf of the Government of India,
- earns profit or financial benefit from such contract,
- or receives any benefit arising from such contract.
Exception
This rule does not apply if the Commissioner receives such benefit merely as:
- an ordinary shareholder or
- a member of an incorporated company,
along with all other members.
Importance of Section 6
Section 6 ensures:
- Independence of the Commission.
- Security of tenure.
- Fair removal procedure.
- Protection from political pressure.
- Accountability for misconduct.
- Prevention of conflicts of interest.
Section 7 – Power to Make Rules for Staff
Purpose
Section 7 authorises the Central Government, in consultation with the Commission, to make rules regarding the Commission’s staff.
What Rules Can Be Made?
The Central Government may make rules relating to:
1. Number of Staff
It decides:
- how many officers,
- employees,
- assistants,
- investigators,
- and other staff members
will work in the Commission.
2. Conditions of Service
The rules also regulate:
- recruitment,
- salary,
- allowances,
- leave,
- promotion,
- discipline,
- retirement,
- other service conditions.
These rules are framed after consulting the Central Vigilance Commission.
Importance of Section 7
- Ensures proper administration of the Commission.
- Provides an organised staffing system.
- Helps the Commission function efficiently.
- Gives flexibility to frame service rules as required.
Central Vigilance Commission (CVC) Act, 2003
Chapter II – The Central Vigilance Commission (Quick Revision Table)
| Section | Topic | Quick Revision |
|---|---|---|
| Section 3 | Constitution of CVC | CVC is a statutory body. Consists of 1 Central Vigilance Commissioner (Chairperson) and up to 2 Vigilance Commissioners (Members). Headquarters at New Delhi. |
| Section 4 | Appointment of CVC & Vigilance Commissioners | Appointed by the President on the recommendation of a committee comprising the Prime Minister (Chairperson), Home Minister, and Leader of Opposition in Lok Sabha (or leader of the largest opposition party). |
| Section 5 | Terms and Conditions of Service | Term: 4 years or 65 years of age, whichever is earlier. CVC cannot be reappointed. A Vigilance Commissioner may become CVC, but the total combined tenure cannot exceed 4 years. Salary is equal to UPSC Chairman (CVC) and UPSC Member (VC). |
| Section 6 | Removal of CVC & Vigilance Commissioners | Removed by the President on the ground of proved misbehaviour or incapacity after an inquiry by the Supreme Court. They may also be removed for insolvency, conviction involving moral turpitude, paid employment, infirmity, or conflict of interest. |
| Section 7 | Rules for Staff | The Central Government, in consultation with the Commission, makes rules regarding the number of staff and their service conditions. |
One-Line Revision
| Section | Memory Keyword |
|---|---|
| 3 | Constitution of CVC |
| 4 | President appoints on PM Committee’s recommendation |
| 5 | 4 Years / 65 Years |
| 6 | Removal by President after Supreme Court Inquiry |
| 7 | Staff Rules by Central Government |
CHAPTER III – Functions and Powers of the Central Vigilance Commission
Sections 8, 8A and 8B
Simple English Notes (Full Details)
Overview of Chapter III
Chapter III explains the functions, powers, duties, and responsibilities of the Central Vigilance Commission (CVC).
The Commission mainly:
- supervises anti-corruption investigations,
- oversees vigilance administration,
- advises the Government,
- monitors investigations,
- handles complaints against public servants,
- recommends disciplinary and criminal action.
The CVC is primarily a supervisory and advisory body. It supervises agencies like the Delhi Special Police Establishment (CBI) but does not investigate every case itself.
Section 8 – Functions and Powers of the Central Vigilance Commission
Purpose
Section 8 defines the major powers and responsibilities of the Central Vigilance Commission.
1. Superintendence over Delhi Special Police Establishment (DSPE)
The CVC supervises the functioning of the Delhi Special Police Establishment (CBI) in matters relating to:
- offences under the Prevention of Corruption Act, 1988;
- related criminal offences committed by public servants.
This means the Commission monitors whether investigations are being conducted properly.
Important Point
The CVC supervises the investigation process but cannot itself conduct the investigation in place of the CBI.
2. Power to Give Directions to the CBI
The Commission may issue directions to the Delhi Special Police Establishment (CBI) for performing its anti-corruption responsibilities.
However, the Commission cannot:
- direct the CBI to investigate a particular person,
- tell the CBI how to investigate,
- order the CBI to close a case,
- interfere with the independent investigation of any specific case.
Thus, the CVC has general supervisory powers, not case-specific control.
3. Inquiry on Reference from the Central Government
If the Central Government refers a matter to the Commission alleging corruption by:
- a Central Government employee,
- a Government company employee,
- a statutory corporation employee,
- a society,
- or a local authority controlled by the Central Government,
the Commission may:
- conduct an inquiry itself, or
- order another agency to investigate.
4. Inquiry into Complaints
The Commission can receive complaints against specified categories of public servants.
If the complaint alleges:
- corruption,
- bribery,
- criminal misconduct,
- offences under the Prevention of Corruption Act,
the Commission may order an inquiry or investigation.
5. Review of CBI Investigations
The Commission regularly reviews:
- progress of corruption investigations,
- pending cases,
- delays in investigation.
Its objective is to ensure that investigations are completed fairly and without unnecessary delay.
6. Review of Prosecution Sanction
Before prosecuting many public servants, prior sanction from the competent authority is required.
The Commission reviews:
- pending sanction proposals,
- delays in granting sanction,
- reasons for delay.
This helps speed up corruption cases.
7. Advisory Function
The Commission advises:
- Central Government,
- Government companies,
- Statutory corporations,
- Societies,
- Local authorities under Central Government control.
The advice may relate to:
- vigilance matters,
- anti-corruption policies,
- disciplinary proceedings,
- preventive vigilance,
- integrity measures.
Although its advice is important, it is generally recommendatory.
8. Superintendence over Vigilance Administration
The Commission supervises vigilance administration in:
- Central Government Ministries,
- Central Departments,
- Public Sector Undertakings (PSUs),
- Government Companies,
- Statutory Corporations,
- Central Government-controlled societies,
- Central Government-controlled local authorities.
Its role is to ensure:
- proper vigilance systems,
- transparency,
- accountability,
- integrity in administration.
Limitation
The Commission cannot interfere in Government policy decisions.
It cannot issue directions regarding policy matters.
Public Servants Covered Under Section 8
The Commission deals with complaints against:
A. All India Service Officers
Examples:
- IAS
- IPS
- IFoS
serving under the Central Government.
B. Group ‘A’ Officers
All Group A officers of the Central Government.
C. Officers of Central Organisations
Officers working in:
- Central Government corporations,
- Government companies,
- Central societies,
- Central local authorities,
as notified by the Central Government.
Until notification is issued, all such officers are covered.
Additional Jurisdiction under the Lokpal Act
When the Lokpal refers a case, the Commission can also deal with:
- Group B officers,
- Group C employees,
- Group D employees,
of the Central Government.
Similarly, officials and staff of Government companies, corporations, societies, and local authorities notified by the Government are also covered.
Section 8A – Action After Preliminary Inquiry
Purpose
Section 8A explains what the Commission does after completing a preliminary inquiry against Group C and Group D public servants.
Opportunity of Hearing
Before taking any action,
the Commission must give the concerned public servant a reasonable opportunity to explain his case.
This follows the principle of natural justice.
If Prima Facie Corruption is Found
If the preliminary inquiry shows a prima facie (at first sight) case of corruption, the Commission may take one or more of the following actions.
1. Order Investigation
The Commission may direct:
- CBI (Delhi Special Police Establishment), or
- any other investigating agency
to conduct a detailed investigation.
2. Recommend Departmental Action
Instead of criminal prosecution, the Commission may recommend:
- disciplinary proceedings,
- departmental inquiry,
- any other suitable administrative action
against the concerned public servant.
3. Close the Complaint
If no case is made out,
the Commission may:
- close the proceedings,
- and if the complaint is found to be false or malicious, proceed against the complainant under Section 46 of the Lokpal and Lokayuktas Act, 2013.
Time Limit for Preliminary Inquiry
The preliminary inquiry should ordinarily be completed within:
- 90 days.
If required,
it may be extended by another:
- 90 days,
provided the reasons are recorded in writing.
Maximum normal period:
180 days.
Section 8B – Action After Investigation
Purpose
Section 8B explains the procedure after the Commission orders a formal investigation.
Investigation by Agency
If the Commission decides that a detailed investigation is necessary,
it directs:
- CBI, or
- any other investigating agency,
to investigate the complaint.
Time Limit for Investigation
The investigation should normally be completed within:
- 6 months.
If necessary,
the Commission may extend the period by another:
- 6 months
after recording reasons in writing.
Submission of Investigation Report
After completing the investigation,
the investigating agency must submit its report directly to the Central Vigilance Commission.
This is a special provision overriding the normal procedure under the Code of Criminal Procedure.
Commission Examines the Report
After receiving the report,
the Commission studies the evidence and findings.
Action After Investigation
The Commission may decide to:
A. File Charge Sheet
If sufficient evidence exists,
the Commission may recommend filing a charge sheet before the Special Court for criminal prosecution.
B. File Closure Report
If evidence is insufficient,
the Commission may recommend filing a closure report before the Special Court.
C. Departmental Proceedings
Even if criminal prosecution is not recommended,
the Commission may advise the competent authority to:
- initiate disciplinary proceedings,
- impose departmental penalties,
- take any other appropriate administrative action.
Importance of Sections 8, 8A and 8B
These provisions make the Central Vigilance Commission the main supervisory authority for vigilance and anti-corruption administration in the Central Government.
They ensure:
- proper monitoring of corruption investigations,
- timely completion of inquiries,
- coordination with the CBI,
- transparency in vigilance administration,
- accountability of public servants,
- fair opportunity of hearing,
- speedy disciplinary and criminal action.
CHAPTER III – Proceedings and Inquiry Powers of the Central Vigilance Commission
Sections 9, 10, 11, 11A and 12
Simple English Notes (Full Details)
Section 9 – Proceedings of the Commission
Purpose
Section 9 explains how the Central Vigilance Commission (CVC) conducts its meetings, takes decisions, and manages its business.
It also ensures that the Commission’s work remains valid even if there are vacancies or minor procedural defects.
1. Headquarters of the Commission
All official proceedings and meetings of the Commission are conducted at its headquarters in New Delhi.
2. Power to Regulate Its Procedure
The Commission may unanimously (with the agreement of all members) decide:
- how its meetings will be conducted,
- how business will be handled,
- how work will be divided among:
- the Central Vigilance Commissioner (CVC), and
- the Vigilance Commissioners (VCs).
This allows the Commission to organise its internal functioning efficiently.
3. Decisions by Unanimous Agreement
As far as possible, all decisions should be taken unanimously.
This promotes collective decision-making and harmony among the members.
4. Decision by Majority
If all members do not agree on a matter:
- the issue is decided by the majority opinion.
Thus, the Commission can continue functioning even when there is a difference of opinion.
5. Presiding Officer of Meetings
Normally, the Central Vigilance Commissioner presides over every meeting.
If the CVC is absent:
- the senior-most Vigilance Commissioner present at the meeting presides over it.
6. Validity of Proceedings
The Commission’s decisions are not invalid merely because:
(a) Vacancy
There is a vacancy in the Commission.
Example:
One Vigilance Commissioner has retired.
The remaining members can still continue the work.
(b) Defect in Appointment
There is some defect in the appointment of the CVC or a Vigilance Commissioner.
(c) Minor Procedural Irregularity
There is a small procedural mistake which does not affect the merits of the case.
Only serious defects affecting justice may invalidate proceedings.
Importance of Section 9
This section ensures:
- continuity of the Commission,
- smooth functioning,
- collective decision-making,
- validity of decisions despite technical defects.
Section 10 – Vigilance Commissioner to Act as Central Vigilance Commissioner
Purpose
Section 10 explains who performs the functions of the Central Vigilance Commissioner when the office becomes vacant or the CVC is temporarily unable to work.
1. Vacancy in the Office of CVC
If the office becomes vacant because of:
- death,
- resignation,
- retirement,
- removal,
- or any other reason,
the President of India may authorise one of the Vigilance Commissioners to act as the Central Vigilance Commissioner.
This arrangement continues until a new CVC is appointed.
2. Temporary Absence of CVC
If the Central Vigilance Commissioner is:
- on leave,
- ill,
- absent,
- or otherwise unable to perform official duties,
the President may authorise one of the Vigilance Commissioners to discharge the duties of the CVC until he resumes office.
Importance of Section 10
This provision ensures:
- there is no interruption in the functioning of the Commission,
- continuity in decision-making,
- uninterrupted vigilance administration.
Section 11 – Powers Relating to Inquiries
Purpose
Section 11 gives the Commission the same powers as a Civil Court while conducting inquiries.
These powers help the Commission collect evidence effectively.
Civil Court Powers of the Commission
During an inquiry, the Commission may exercise the following powers:
1. Summon Witnesses
The Commission may:
- call any person from anywhere in India,
- require that person to appear,
- examine him on oath.
2. Require Documents
The Commission may order any person or authority to:
- produce documents,
- produce files,
- produce records relevant to the inquiry.
3. Receive Affidavits
The Commission may accept evidence through:
- written affidavits.
An affidavit is a written statement made under oath.
4. Call Public Records
The Commission may obtain:
- official records,
- certified copies,
- Government documents,
from any:
- Court,
- Government office,
- Public authority.
5. Issue Commissions
The Commission may appoint another authority to:
- examine witnesses,
- inspect documents,
- collect evidence,
when necessary.
6. Other Prescribed Powers
The Commission may exercise any additional powers prescribed under the rules.
Importance of Section 11
These powers ensure:
- effective investigation,
- collection of reliable evidence,
- fair inquiry,
- proper examination of witnesses and documents.
Section 11A – Director of Inquiry
Purpose
Section 11A provides for the appointment of a Director of Inquiry.
The Director assists the Commission by conducting preliminary inquiries referred by the Lokpal.
Appointment
The Director of Inquiry:
- is appointed by the Central Government.
Rank
The Director must be:
- not below the rank of Joint Secretary to the Government of India.
This ensures that a senior officer handles preliminary inquiries.
Functions
The Director conducts:
- preliminary inquiries,
- fact-finding inquiries,
on complaints referred by the Lokpal.
The Director submits the findings to the Commission.
Staff Support
The Central Government provides:
- officers,
- employees,
- supporting staff,
to assist the Director of Inquiry.
Importance of Section 11A
The Director:
- speeds up preliminary inquiries,
- assists the Commission,
- improves efficiency,
- strengthens anti-corruption investigations.
Section 12 – Proceedings Before the Commission are Judicial Proceedings
Purpose
Section 12 gives legal status to proceedings before the Commission.
Commission Treated as a Civil Court
For certain purposes under the Code of Criminal Procedure,
the Commission is treated as a Civil Court.
This gives legal authority to its proceedings.
Judicial Proceedings
Every inquiry before the Commission is considered a judicial proceeding.
This means:
- witnesses must speak the truth,
- false evidence is punishable,
- proceedings are conducted with legal seriousness.
Consequences
Since the proceedings are judicial:
Giving False Evidence
A person giving false evidence before the Commission may be prosecuted for perjury.
Insulting the Commission
Insulting or interrupting the Commission during proceedings may amount to an offence.
False Statements
Making intentionally false statements before the Commission may lead to criminal liability.
Importance of Section 12
This section:
- protects the integrity of inquiries,
- discourages false evidence,
- strengthens the legal authority of the Commission,
- ensures truthful and fair proceedings.
Key Points for Exam
Section 9
- Explains the procedure of Commission meetings.
- Business should be transacted unanimously as far as possible.
- If members disagree, the majority decision prevails.
- The CVC presides over meetings; in his absence, the senior-most Vigilance Commissioner presides.
- Proceedings remain valid despite vacancies, appointment defects, or minor procedural irregularities that do not affect the merits.
Section 10
- If the office of the CVC becomes vacant, the President may authorise a Vigilance Commissioner to act as the CVC.
- During the temporary absence of the CVC, the President may authorise a Vigilance Commissioner to discharge the CVC’s functions.
Section 11
- During inquiries, the Commission has the powers of a Civil Court.
- It may summon witnesses, require documents, receive affidavits, requisition public records, issue commissions, and exercise other prescribed powers.
Section 11A
- Provides for a Director of Inquiry.
- Appointed by the Central Government.
- Must be not below the rank of Joint Secretary.
- Conducts preliminary inquiries referred by the Lokpal with the assistance of officers and staff provided by the Central Government.
Section 12
Giving false evidence or obstructing proceedings can attract legal consequences under the applicable criminal law.
Proceedings before the Commission are deemed to be judicial proceedings.
The Commission is treated as a Civil Court for specified legal purposes.
Central Vigilance Commission (CVC) Act, 2003
Chapter III – Functions and Powers of the Central Vigilance Commission (Quick Revision Table)
| Section | Topic | Quick Revision |
|---|---|---|
| Section 8 | Functions and Powers of CVC | Supervises CBI (DSPE) in corruption cases, conducts or orders inquiries, reviews investigations and prosecution sanctions, advises the Central Government, and supervises vigilance administration in Central Government organisations. |
| Section 8A | Action on Preliminary Inquiry | After preliminary inquiry, CVC may order investigation, recommend departmental action, or close the complaint. Inquiry should normally be completed within 90 days (extendable by another 90 days with reasons). |
| Section 8B | Action on Investigation | CVC directs investigation by CBI or another agency. Investigation should normally be completed within 6 months (extendable by 6 months). CVC may recommend filing a charge-sheet, closure report, or departmental action. |
| Section 9 | Proceedings of Commission | Meetings are held at New Delhi Headquarters. Business is preferably decided unanimously; if there is disagreement, the majority decision prevails. Proceedings remain valid despite vacancies or procedural defects. |
| Section 10 | Acting Central Vigilance Commissioner | If the post of CVC becomes vacant or the CVC is absent, the President authorises a Vigilance Commissioner to act as the Central Vigilance Commissioner. |
| Section 11 | Power Relating to Inquiries | During inquiries, the Commission has powers of a Civil Court, including summoning witnesses, examining on oath, calling documents, receiving affidavits, requisitioning records, and issuing commissions. |
| Section 11A | Director of Inquiry | Central Government appoints a Director of Inquiry (not below Joint Secretary rank) to conduct preliminary inquiries referred by the Lokpal. Necessary staff are provided by the Central Government. |
| Section 12 | Judicial Proceedings | Proceedings before the CVC are treated as judicial proceedings, and the Commission is deemed to be a Civil Court for specified purposes under the Code of Criminal Procedure. |
CHAPTER IV – Expenses and Annual Report
Sections 13 and 14
Simple English Notes (Full Details)
Overview of Chapter IV
Chapter IV explains:
- How the Central Vigilance Commission (CVC) is funded.
- How the Commission reports its work to the President and Parliament.
- It ensures the financial independence, transparency, and accountability of the Commission.
Section 13 – Expenses of the Commission to be Charged on the Consolidated Fund of India
Purpose
Section 13 provides that all expenses of the Central Vigilance Commission are paid from the Consolidated Fund of India (CFI).
This ensures that the Commission functions independently and is not financially controlled by any Ministry or Department.
What is the Consolidated Fund of India?
The Consolidated Fund of India (Article 266 of the Constitution) is the main account of the Central Government.
It includes:
- all tax revenues,
- Government loans,
- money received by the Central Government,
- other Government income.
Most Government expenditure is made from this Fund.
Expenses Covered
The following expenses are charged on the Consolidated Fund of India:
1. Salary of the Central Vigilance Commissioner
The salary and allowances of the Central Vigilance Commissioner (CVC).
2. Salary of Vigilance Commissioners
The salary and allowances of all Vigilance Commissioners (VCs).
3. Salary of the Secretary
The salary and allowances of the Secretary of the Commission.
4. Salary of Staff
The salary, allowances, and other service benefits of:
- officers,
- employees,
- supporting staff,
- administrative personnel.
5. Pension
Pension payable to:
- former Central Vigilance Commissioners,
- former Vigilance Commissioners,
- eligible officers and staff.
6. Other Official Expenses
Any expenditure necessary for the functioning of the Commission, such as:
- office administration,
- infrastructure,
- official activities,
- operational expenses.
Importance of Section 13
This provision ensures:
- Financial independence.
- Freedom from executive control.
- Stable funding.
- Efficient functioning of the Commission.
- Greater institutional autonomy.
Section 14 – Annual Report
Purpose
Section 14 makes the Commission accountable by requiring it to submit an Annual Report.
The report informs the Government and Parliament about the Commission’s work during the previous year.
Duty of the Commission
Every year, the Commission must prepare an Annual Report describing:
- work performed,
- important activities,
- vigilance administration,
- anti-corruption efforts,
- investigations supervised,
- recommendations made,
- overall performance.
Time Limit
The Annual Report must be submitted to the President of India:
- within six months after the end of the financial/reporting year.
Separate Report on Delhi Special Police Establishment (CBI)
The Annual Report must include a separate section on the functioning of the Delhi Special Police Establishment (CBI) in relation to anti-corruption investigations under the Delhi Special Police Establishment Act, 1946.
This section generally covers:
- progress of investigations,
- performance of the CBI in corruption cases,
- supervision exercised by the CVC,
- important observations.
Role of the President
After receiving the Annual Report:
- the President of India forwards it to Parliament.
The President causes the report to be laid before:
- Lok Sabha, and
- Rajya Sabha.
Importance of Laying the Report Before Parliament
Placing the report before Parliament ensures:
- transparency,
- public accountability,
- parliamentary oversight,
- review of the Commission’s performance,
- democratic control over anti-corruption administration.
Importance of Chapter IV
This Chapter ensures:
- financial independence of the Commission,
- regular reporting,
- transparency in functioning,
- accountability to Parliament,
- effective monitoring of anti-corruption activities.
Central Vigilance Commission (CVC) Act, 2003
Chapter IV – Expenses and Annual Report (Quick Revision Table)
| Section | Topic | Quick Revision |
|---|---|---|
| Section 13 | Expenses of Commission | All expenses of the CVC, including salary, allowances, pension, and staff expenses, are charged on the Consolidated Fund of India, ensuring the Commission’s financial independence. |
| Section 14 | Annual Report | The CVC submits an Annual Report to the President within 6 months after the end of the reporting year. The report includes the functioning of the Delhi Special Police Establishment (CBI/DSPE) in corruption matters. The President lays the report before both Houses of Parliament. |
Central Vigilance Commission Act, 2003 – Chapter V (Miscellaneous)
Simple English Notes (Sections 15–24)
Section 15 – Protection of Action Taken in Good Faith
Meaning
The Commission and its officers are legally protected for actions taken honestly while performing their official duties.
Protection is available to:
- Central Vigilance Commission (CVC)
- Central Vigilance Commissioner (CVC)
- Vigilance Commissioners
- Secretary of the Commission
- Staff of the Commission
Important Points
- No civil suit can be filed.
- No criminal prosecution can be started.
- No other legal proceedings can be taken.
- Protection applies only if the action was done in good faith under the Act.
Keyword
Good Faith = Honest action done without malicious intention.
Section 16 – CVC Officials are Public Servants
Meaning
All officers and employees of the Commission are treated as Public Servants under law.
Includes
- Central Vigilance Commissioner
- Vigilance Commissioners
- Secretary
- Every employee of the Commission
Legal Position
They are considered Public Servants under Section 21 of the Indian Penal Code (now Section 2(28) of Bharatiya Nyaya Sanhita where applicable).
Importance
- They enjoy legal protection.
- They are also liable under corruption laws if they misuse their office.
Section 17 – Report of Inquiry
Meaning
Whenever CVC asks any agency to conduct an inquiry or investigation, that agency must submit its report to the Commission.
Procedure
Step 1
Commission refers a case to an investigating agency.
↓
Step 2
The agency completes the inquiry/investigation.
↓
Step 3
The report is sent back to the CVC.
↓
Step 4
The Commission examines the report.
↓
Step 5
The Commission advises the Central Government or concerned organisation regarding further action.
If Government disagrees
If the Government or organisation does not accept the advice of the Commission:
- It must record reasons in writing.
- Those reasons must be communicated to the Commission.
Key Point
The advice of the Commission is important, although the Government may disagree by giving written reasons.
Section 18 – Power to Call for Information
Meaning
The Commission can ask for information whenever necessary to supervise vigilance work.
CVC may call for:
- Reports
- Returns
- Statements
- Other information
Information can be sought from:
- Central Government
- Government Companies
- Statutory Corporations
- Societies
- Local Authorities owned or controlled by the Central Government
Purpose
To supervise:
- Vigilance administration
- Anti-corruption work
- Disciplinary system
Section 19 – Consultation with Commission
Meaning
The Central Government must consult the CVC before making important vigilance rules.
Consultation is required before making rules relating to:
- Vigilance matters
- Disciplinary matters
- Central Government employees
- Members of All India Services (IAS, IPS, IFoS)
Purpose
To maintain uniformity and transparency in vigilance administration.
Section 20 – Power to Make Rules
Meaning
The Central Government has power to make rules to implement the Act.
Rules may cover:
(a)
Number of staff and their service conditions.
(b)
Additional civil court powers of the Commission.
(c)
Any other matter required under the Act.
Method
Rules are made by:
- Notification in the Official Gazette.
Section 21 – Power to Make Regulations
Meaning
The Commission can make regulations for its own functioning.
Condition
Previous approval of the Central Government is necessary.
Regulations may relate to:
Duties and powers of the Secretary
- Administrative powers
- Responsibilities
Procedure of Commission
- Conduct of meetings
- Allocation of work
- Internal functioning
Key Point
- Regulations cannot conflict with the Act or Rules.
Section 22 – Rules and Regulations to be Laid Before Parliament
Meaning
Every important notification, rule and regulation must be placed before Parliament.
Documents to be laid before Parliament
- Notifications
- Rules
- Regulations
Time
For a total period of 30 days.
Parliament may
- Approve
- Modify
- Reject
Effect
If modified or rejected:
- Future operation changes.
- Previous actions remain valid.
Purpose
Ensures Parliamentary control over delegated legislation.
Section 23 – Power to Remove Difficulties
Meaning
If any practical problem arises in implementing the Act, the Central Government may issue an order.
Conditions
- Order must not violate the Act.
- Power can be exercised only within 2 years from commencement of the Act.
Important
Every such order must be placed before Parliament.
Section 24 – Existing Vigilance Commission
Meaning
The old Central Vigilance Commission created by Government Resolution (1964) continued under the new Act.
Effects
Actions
All previous decisions remain valid.
Pending Cases
Transferred automatically to the new Commission.
Employees
Continue with the same service conditions.
Assets and Liabilities
Transferred to the new Commission.
Purpose
To ensure smooth transition from the old Commission to the statutory CVC.
Section 25 – Appointments of Officers of the Directorate of Enforcement (ED)
Simple English Notes
Purpose of Section 25
This section lays down the procedure for the appointment, tenure, transfer, and extension of service of the Director of Enforcement (ED) and other senior officers in the Directorate of Enforcement (Enforcement Directorate – ED).
1. Appointment of Director of Enforcement
The Central Government appoints the Director of Enforcement.
However, the appointment can be made only on the recommendation of a Selection Committee.
2. Selection Committee
The Committee consists of:
| Member | Position |
|---|---|
| Central Vigilance Commissioner (CVC) | Chairperson |
| Vigilance Commissioners | Members |
| Secretary, Ministry of Home Affairs | Member |
| Secretary, Department of Personnel (DoPT) | Member |
| Secretary, Department of Revenue, Ministry of Finance | Member |
Key Point
The appointment is not made by one person alone. It is made through a high-level committee to ensure fairness and transparency.
3. Factors Considered for Appointment
While selecting the Director of Enforcement, the Committee considers:
- Integrity (Honesty)
- Experience
- Professional competence
Key Point
Only officers with high integrity and sufficient experience can be recommended.
4. Eligibility
A person can be appointed as Director of Enforcement only if he is:
- Not below the rank of Additional Secretary to the Government of India.
Simple Meaning
Only very senior officers are eligible.
5. Tenure of Director of Enforcement
Minimum Tenure
The Director holds office for at least 2 years from the date of assuming office.
Purpose
Provides stability and independence in investigations.
6. Extension of Tenure
The Director’s tenure may be extended:
- In public interest
- On the recommendation of the Selection Committee
- Reasons must be recorded in writing
Extension Period
- Maximum 1 year at a time
Maximum Total Tenure
- Cannot exceed 5 years, including the initial appointment.
Example
- Initial appointment = 2 years
- Extension = 1 year
- Further extension = 1 year
- Final extension = 1 year
Total = 5 years (maximum)
7. Transfer of Director
The Director of Enforcement cannot be transferred without:
- Previous approval (consent) of the Selection Committee.
Purpose
To protect the Director from arbitrary transfers and ensure independence.
8. Appointment of Other Senior ED Officers
The same Selection Committee:
- Consults the Director of Enforcement.
- Recommends appointments to posts above the rank of Deputy Director of Enforcement.
- Recommends extension or reduction (curtailment) of their tenure.
9. Role of Central Government
After receiving the Committee’s recommendation, the Central Government:
- Passes appropriate orders.
- Gives effect to the recommendations.
Important Features
- Appointment through an independent Selection Committee.
- Only senior officers (Additional Secretary or above) are eligible.
- Integrity and experience are the main selection criteria.
- Minimum tenure of 2 years.
- Maximum tenure of 5 years.
- Transfer requires Committee approval.
- Senior ED officers are also appointed based on Committee recommendations.
One-Line Revision
| Provision | Quick Revision |
|---|---|
| Appointment | Central Government appoints Director on Committee’s recommendation. |
| Committee | CVC (Chairperson), Vigilance Commissioners, Home Secretary, DoPT Secretary, Revenue Secretary. |
| Selection Criteria | Integrity and experience. |
| Eligibility | Rank of Additional Secretary or above. |
| Minimum Tenure | 2 years. |
| Extension | Up to 1 year at a time in public interest. |
| Maximum Tenure | 5 years (including extensions). |
| Transfer | Requires prior approval of the Committee. |
| Other ED Officers | Committee recommends appointment, extension, or curtailment of officers above Deputy Director. |
| Government’s Role | Issues final appointment and service orders. |
Central Vigilance Commission (CVC) Act, 2003
Chapter V – Miscellaneous (Quick Revision Table)
| Section | Topic | Quick Revision |
|---|---|---|
| Section 15 | Protection of Action Taken in Good Faith | No legal proceedings against the Commission or its officers for actions done honestly (in good faith) under the Act. |
| Section 16 | CVC Officials as Public Servants | The Central Vigilance Commissioner, Vigilance Commissioners, Secretary, and staff are deemed Public Servants. |
| Section 17 | Inquiry Report | Any agency conducting an inquiry on CVC’s reference must submit its report to the Commission, which then advises the Government on further action. |
| Section 18 | Power to Call for Information | CVC may call for reports, returns, statements, and records from the Central Government and its organisations for vigilance supervision. |
| Section 19 | Consultation with Commission | The Central Government must consult the CVC before making rules or regulations relating to vigilance and disciplinary matters of Central Government employees and All India Services. |
| Section 20 | Power to Make Rules | The Central Government may make rules by Official Gazette Notification to implement the provisions of the Act. |
| Section 21 | Power to Make Regulations | The Commission, with previous approval of the Central Government, may make regulations regarding its internal functioning and procedures. |
| Section 22 | Rules Before Parliament | Every notification, rule, and regulation made under the Act must be laid before both Houses of Parliament for scrutiny. |
| Section 23 | Power to Remove Difficulties | The Central Government may issue orders to remove implementation difficulties, within 2 years from the commencement of the Act. |
| Section 24 | Existing Vigilance Commission | The existing Vigilance Commission continues under the new Act. Its employees, assets, liabilities, decisions, and pending cases are transferred to the statutory CVC. |
| Section 25 | Appointments of ED Officers | The Director of Enforcement (ED) is appointed by the Central Government on the recommendation of a CVC-led Committee. Minimum tenure 2 years, extendable up to a maximum of 5 years. Transfer requires Committee approval. |
