Central vigilance commission Act, 2003: An overview
Origin and History of Central vigilance commission Act, 2003
A developing need was felt for a Central Police Agency at removal of the Central Government which could examine instances of bribery and corruption, yet additionally with frauds related with government of Indian Departments that is the reason on the recommendation of Santhanam Committee CBI was set up and a similar committee in 1964 suggested the foundation of central Vigilance Commission to exhort the central government in the field of vigilance.
In the judgment of Vineet Narain and Others v. Union of India (1997), Supreme Court coordinated to assume liability of practicing superintendence over the CBIs working ought to be moved from central government to Central vigilance commission and furthermore gave headings identified with the prevalent job of Central vigilance commission.
Later on in 1998 government proclaimed an ordinance presenting statutory status to the Central vigilance commission and furthermore to practice power over the superintendence of CBI so in 2003 central vigilance commission act, 2003 was ordered and it was given statutory status.
What is Central Vigilance Commission
Central vigilance Commission is considered as apex vigilance organization which is liberated from control from any executive power. It screens all vigilance movement under the central government. The motivation behind why it was set up is simply to forestall corruption in the government. In 2004 it likewise got ability to get grievances of corruption under PIDPI (Public Interest Disclosure and Protection Informer).
Composition and Appointment
It comprises of following individuals:
- One Chairperson who is otherwise called Central Vigilance Commissioner.
- Not in excess of two Vigilance Commissioner
Central vigilance commissioner and vigilance commissioner are named by the President of India on the recommendation of a committee which comprise of Prime Minister, Minister of Home Affairs and Leader of the Opposition in the place of individuals.
Departments in Central vigilance commission
- Secretariat comprise of secretary, joint Secretary, deputy Secretary, under Secretary and different officers who will care for the administrative work.
- Chief Technical Examiners Wing comprises of different Chief Engineers and supporting architects who offer help to CBI in tech matters.
- Commissioners for Departmental Inquiries capacities as request officers who direct oral requests.
Proceedings of Central vigilance commission
- The procedure of the commission will happen in their headquarters itself.
- The guideline of exchange of business and furthermore the assignment of business to the Central vigilance commissioner and to the Vigilance Commissioner is done collectively by the commission.
- To any matter of the subject if the choices of the Central Vigilance Commissioner and the Vigilance Commissioner varies then it will be chosen by a larger part of their sentiments.
- The Central Vigilance Commissioner because of any explanation in the event that he can’t go to a meeting, the senior-most Vigilance Commissioner will manage in the meeting.
- No procedure of the Commission will be invalid on account of imperfection in the constitution of the Commission or because of any deformity in the appointment of chairperson or any part.
Terms and conditions of services in Central vigilance commission
- Tenure: central vigilance commissioner can hold the office for a term of four years and as far as age they can hold the office most extreme till the age of 65 years. The Central Vigilance Commissioner, on ending to hold the workplace, will be ineligible for reappointment in the Commission.
- Oath: the central vigilance commissioner or the vigilance commissioner prior to holding the office will buy in before the president, an oath or the assertion.
- Resign: the central vigilance commissioner or the vigilance commissioner can resign from their post yet they need to educate this to the president in transcribed structure.
- Salary: the salary of Central Vigilance Commissioner is just about as same as the Chairman of the Union Public Service Commission and the salary of the Vigilance Commissioner is pretty much as same as Member of the Union Public Service Commission.
Removal of Central Vigilance Commissioner and Vigilance Commissioner
Central Vigilance Commissioner and the Vigilance Commissioner can be taken out for misbehaviour or inadequacy if supreme court request sees him as liable. President can possibly eliminate them if Supreme Court encourages to do as such. Some different reasons which can likewise prompts their removal are as per the following:
- In the event that they are decreed as insolvent,
- Sentenced for an offence which includes an moral turpitude, or
- In the event that they are paid utilized external their obligations of his office, or
- Ill-suited to proceed on account of the sickness of mind or body, or
- On the off chance that they have gained such monetary or other interest which can influence their official capacities, or
For the whole above reasons president can eliminate them yet at whatever point the Supreme Court maintains the reason for removal.
Functions of Central vigilance commission
Various functions of Central Vigilance Commission are as follows-
- They oversee the working to Delhi Special Police Establishment since it relates with the offences under the Prevention of Corruption Act, 1988 and furthermore it will likewise give headings in releasing obligations to them.
- On the off chance that Central Government gives reference on allegation on public servant under Prevention of Corruption Act, 1988 then all things considered Central vigilance commission will enquire.
- They can likewise ask into any complaint against Member of All India Service Group ‘A’ administration of Central government and furthermore for the predetermined level officers of central government in the event that they are under Prevention of Corruption Act, 1988.
- They can review any advance of investigation by CBI under the Prevention of Corruption Act, 1988 or any public servant under Code of Criminal Procedure, 1973 (2 of 1974).
- Different advices can be likewise given by them to the central government, government companies or the corporations under the Central demonstration whichever they allude to the Central Vigilance Commission.
- Central government is needed to counsel the Central vigilance commission making rules and guidelines overseeing the vigilance and disciplinary issue identifying with the individuals from Central Services and All-India Services.
- Overseer of Prosecution under the Directorate of Prosecution in CBI will be designated by the central Government on the recommendation of Central Vigilance Commission.(Because of the progressions made by Lokpal and Lokayuktas Act, 2013)
- It additionally have power to direct preliminary request in complaints made by Lokpal (Because of the progressions made by Lokpal and Lokayuktas Act, 2013).
Powers of Central vigilance commission
Powers of commission are as follows:
Powers during the inquiries:
The Commission will have all the powers of a common court if the suit is under the Code of Civil Procedure, 1908 (5 of 1908) in regard of matters such as:
- summoning and implementing the attendance of any individual from any piece of India and analyzing him on oath,
- requiring the revelation and creation of any document,
- getting evidence on affidavits,
- giving commissions for the assessment of witnesses or different documents, and
- requisitioning any public record or duplicate thereof from any court or office.
Power to require any information:
To practice general oversight over the vigilance and hostile to corruption work the Commission may call for reports, returns and proclamations from the Central Government or corporations set up by or under any Central Act, Government companies, social orders and other nearby authorities possessed or constrained by that Government.
Powers to make Regulations:
The Commission can make regulations in specific principles or the demonstration yet by an earlier endorsement from the Central government by notification in the Official Gazette.
Central Vigilance Officers and their functions
In each office or services of the Central Government will comprise of a Central vigilance Officers (CVO) who will head the Vigilance Division of the association.
Various functions of CVO are:
- CVO gathers information about corrupt acts of the representatives of the association.
- He examines in different allegations which are accounted for to him.
- He made a few reports from the investigation which are to be considered by the concerned disciplinary position
- It acts an interfacing join between its particular association and the Central Vigilance Commission on the grounds that CVO will allude matters to the Central Vigilance Commission for counsel at whatever point required.
Author: Kavya S,
CHRIST (Deemed to be University), 4th year BA LLB