Month: December 2021

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. In 2003, the Parliament enacted a law conferring statutory status on the CVC. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.

It was set up by the Government of India Resolution on 11 February 1964, on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance. Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.

The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the commissions advise were ignored etc.

The Commission shall consist of:

• A Central Vigilance Commissioner: Chairperson.
• Not more than two Vigilance Commissioners: Members.

Role

The CVC is not an investigating agency: the only investigation carried out by the CVC is that of examining Civil Works of the Government.

Corruption investigations against government officials can proceed only after the government permits order. The CVC publishes a list of cases where permissions are pending, some of which may be more than a year old.

The Ordinance of 1998 conferred statutory status to the CVC and the powers to exercise superintendence over the functioning of the Delhi Special Police Establishment, and also to review the progress of the investigations on alleged offences under the Prevention of Corruption Act, 1988 conducted by them. In 1998 the Government introduced the CVC Bill in the Lok Sabha to replace the Ordinance, though it was not successful. The Bill was re-introduced in 1999 and remained with the Parliament until September 2003, when it became an Act after being duly passed in both the Houses of Parliament. The CVC has also been publishing a list of corrupt government officials against which it has recommended punitive action. In 2004, GoI authorized the CVC as the “Designated Agency” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action. This report delivers to the president.

Function:

• To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organization, to which the executive control of the Government of India extends, is suspected or alleged to have acted for an improper purpose or in a corrupt manner;
• To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Government of India and other organizations to which the executive power of the Union extends.
• To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.
• To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.
• The Central Government is required to consult the CVC in making rules and regulations governing the vigilance and disciplinary matters relating to the members of Central Services and All India Services.
• Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All-India Services.

Purpose

• The main purpose for which this important body had been established was to ensure all sorts of corruptions in government sector could be well prevented and addressed minutely.
• Its major role is to recommend government agencies in “Planning, executing, reviewing and reforming” their vigilance capability.
• It is an autonomous body, responsible for monitoring all vigilance activities under the union government.
• Central Government of India formed CVC in the year 1964 as an important body that could take into account the measures and steps to prevent all the corruptions especially the governmental ones for a better system and governance.

In India, the parliamentary form of government is in force, the legislature has the power to ensure “That the appropriated money is spent economically, judiciously and for the purpose for which it was sanctioned”.

Even though the Comptroller and Auditor General of India is to audit the accounts of the government and to ensure the propriety of the money spent, yet his report is further examined by the special committee of the parliament, is known as Public Account Committee (РАС).

Functions:

1. The main function of the committee is examination of the accounts and report of the Comptroller and Auditor General in order to ensure that the appropriations sanctioned by the parliament are spent by the executive authorities, “within the scope of the demand. It means that,

(a) Expenditure should not exceed the appropriation made by the parliament,

(b) That the expenditure has been incurred for the purpose for which it was voted by the Parliament,

(c) That amount has been spent by the officials, who are legally authorised to spend the money,

(d) That the executive has not overlooked the vote of parliament by adjusting expenditure in excess of a grant of another vote whose a saving has occurred.

2. The second function of the committee extends beyond the formality of expenditure to its wisdom, faithfulness and economy. It means that the committee is not only to examine that money has been spent according to the rules and regulations, but it is also to see that the approved policy has been implemented by the executive authorities with maximum efficiency and economy.
3. The third function of the committee is to examine the technicalities of the procedure employed in maintaining the accounts. In order to discharge these functions, the committee can send for persons, papers and records for evidence purpose. The committee reports its opinion and reservations and comments on items under consideration, but it has no power to disallow any items of expenditure.
4. Finally, it is provided in the rules of procedure that the functions of the committee shall also extend in following cases:

(a) To examine the income and expenditure statement of state corporations, trading and manufacturing schemes, corners and projects.

(b) To examine the statement of accounts of autonomous and semi-autonomous bodies.

(c) To examine the accounts of those stores and stocks where the audit has been conducted by the Comptroller and Auditor General.

Procedure:

The committee conducts scrutiny by putting questions to the official’s witness. In conducting the major role of committee’s deliberation the chairman plays the most important role. The chairman, briefed by the Comptroller and Auditor General and the Secretary of the Committee takes the lead in putting questions to the official witnesses.

The official witnesses also come with full preparation to provide full knowledge of the problem to be Committee. The meetings of the committee are private and every care is taken to keep the secrecy of the witness.

After the examination of official witnesses, the committee sits down to discuss the framework of its report. When the thorough discussion is over the committee prepares its report, which contains recommendations and findings of the committee.

The report is generally prepared by the parliament secretariat, with guidance of the chairman and is sent to the Comptroller and Auditor-General for factual verification. After verification, the report is again considered by the committee.

Thereafter it is presented to the parliament for by the chairman acceptance. Sometimes the committee also functions through its sub-committee to study some special problems. The sub-committee submits its report to the committee.

After thorough considerations of the committee, the report is prepared on the basis of the facts placed before it. Then the committee submits the report with its recommendations to the house.