The Role of Central Vigilance Commission:
1. Background: (a) Being alarmed at the increasing rate of corruption;a high power committee was set up by the Government of India in 1962 under the chairmanship of K.Santhanam.
(b) The Santhanam Committee recommended setting up of Vigilance Commissions at the centre and in the different states (provinces).
(c) Vigilance cells have been created in several government departments and public sector undertakings.
(d) At the highest level there is a Central Vigilance Commission (CVC).
2. The CVC is headed by the Central Vigilance Commissioner,appointed by the President of India,for a period of six years or until he/she attains the age of 65 years, whichever is earlier.
3. The Commission's office is located at the Ministry of Home Affairs having an autonomous status.
4. In addition to the Commission,it consists of a secretary, one officer on special duty,one chief technical commissioner,3 commissioners for departmental enquiries,2 under secretaries and 6 technical commissioners.
5. Its jurisdiction extends to all employees of the central government and the employees in public undertakings, corporate bodies and other organisations dealing with matters falling within the executive powers of the central government.However,it cannot probe cases of corruption against ministers and members of parliament.
6. The Central Vigilance Commission (CVC) receives complaints directly from the aggrieved party. It also gathers information about corruption and malpractices or misconduct from other sources such as press reports, audit objections, information through parliamentary debates and other forms etc.
7. The complaints about Central Government employees received by the State Vigilance Commission are forwarded by them to the CVC.On receiving complaints, the commission may ask:
(i) the concerned ministry/department to inquire into them.
(ii) the Central Bureau of Investigation (CBI) to make an inquiry. and
(iii) the CBI direction to register a case and conduct an investigation.
Prosecution, however, depends on the approval by the appropriate sanctioning authority.
8. The CVC has laid down procedures to be followed by the administrative ministries/departments in the case of complaints received by them.These complaints are to be dealt with by the ministries/departments concerned.
9. The CVC may advise the ministries/ departments in respect of all matters relating to integrity in administration.
10. It may call for reports,returns or statements from all ministries/departments so as to enable it to exercise a general check and supervision over vigilance and anti-corruption work in the ministries/departments.It can take over under its direct control any complaint or case for further action.
11. Besides these works,functions and responsibilities,the CVC has a role to play in the case of appointment of chief vigilance officers of each ministry/department. The CVC is to be consulted before giving such an appointment.
12. Moreover,the CVC has been empowered to assess the work of the chief vigilance officer.This assessment is recorded in the character rolls of the officials.
13. Finally,all proposals for re-organising or strengthening the vigilance organisation by the chief vigilance officers are to be referred to the CVC for scrutiny.
Conclusion: The role of CVC is,however,limited because it is not a statutory commission and has only advisory role.Further,the procedure of investigation is so vexatious that people do not desire to be involved in long and unpleasant proceedings.
Thus it has been commented that the Central Vigilance Commission is not at all a substitute for an Ombudsman. As it is constituted, the commission is virtually an extension of the bureaucratic apparatus of the Central Government and its operations are very much hedged in by the overpowering ministries/departments and the political forces at the centre.
