Central Vigilance Commission: Origin and Functions

The Central Vigilance Commission (CVC) stands as the cornerstone agency for combating corruption across India's Central government. Established in 1964 through a simple executive resolution, it emerged directly from the recommendations of the Santhanam Committee on Prevention of Corruption (1962-64). At its inception, the CVC lacked both constitutional backing and statutory authority, operating instead as a non-statutory entity.

This changed in 2003, when Parliament passed legislation to confer statutory status on the CVC, embedding it more firmly within the legal framework. A year later, in 2004, the government designated the CVC as the sole authority to receive and investigate whistleblower complaints alleging corruption or misuse of office. This role stems from the Public Interest Disclosure and Protection of Informers Resolution (PIDPI)—commonly called the Whistleblowers Resolution—which safeguards informants while empowering the CVC to penalize those filing motivated or vexatious complaints.

Envisioned as the apex vigilance institution, the CVC operates independently of executive control. It oversees all vigilance activities in Central government organizations, offering expert guidance on planning, execution, review, and reform to ensure robust anti-corruption measures.

Central Vigilance Commission: Composition and Safeguards

The Central Vigilance Commission (CVC) operates as a multi-member statutory body, comprising a Central Vigilance Commissioner (CVC) who serves as chairperson, along with a maximum of two Vigilance Commissioners. These officials are appointed by the President through a warrant under his hand and seal, based on the recommendations of a high-level committee chaired by the Prime Minister. This committee also includes the Union Home Minister and the Leader of the Opposition in the Lok Sabha, ensuring a balanced and bipartisan selection process.

Appointees hold office for a fixed term of four years or until they reach the age of sixty-five, whichever comes first. Upon completion of their tenure, they are ineligible for any further employment under the Central or state governments, safeguarding their independence from post-retirement influences.

The President holds the authority to remove the Central Vigilance Commissioner or any Vigilance Commissioner under specific circumstances, including insolvency; conviction for an offense involving moral turpitude (as determined by the Central Government); engagement in paid employment outside official duties; physical or mental infirmity rendering them unfit (in the President's opinion); or acquisition of financial or other interests that could prejudicially affect their functions. Beyond these, removal is also possible for proved misbehavior or incapacity, but only after the President refers the matter to the Supreme Court for inquiry. If the Court upholds the allegations and recommends removal, the President may proceed. Misbehavior is explicitly defined to include any involvement or interest in Central Government contracts or agreements, or deriving personal profit or benefits from them—except as a common shareholder in an incorporated company.

To bolster their autonomy, the Central Vigilance Commissioner's salary, allowances, and service conditions mirror those of the Chairman of the Union Public Service Commission (UPSC), while Vigilance Commissioners align with UPSC members. Crucially, these terms cannot be altered to their disadvantage after appointment, providing further protection against executive interference.

Structure and Functions of CVC

The Central Vigilance Commission (CVC) operates through a streamlined organizational structure comprising its Secretariat, the Chief Technical Examiners’ Wing (CTE), and the wing of Commissioners for Departmental Inquiries (CDIs). This setup enables the CVC to handle administrative, technical, and inquiry functions efficiently.

At the heart of its operations lies the Secretariat, staffed by a Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries, and supporting office personnel. This core unit manages the CVC's day-to-day administration, coordination, and policy implementation.

The Chief Technical Examiners’ Wing (CTE) serves as the CVC's specialized technical arm, led by Chief Engineers designated as Chief Technical Examiners, along with a team of supporting engineering experts. Its primary responsibilities include conducting technical audits of government construction projects from a vigilance perspective to detect irregularities; investigating specific complaints related to such works; providing expert assistance to the Central Bureau of Investigation (CBI) in probes involving technical issues or property valuations in Delhi; and offering technical advice to the CVC and Chief Vigilance Officers in vigilance cases with engineering dimensions.

Finally, the Commissioners for Departmental Inquiries (CDIs) play a crucial role in disciplinary processes by acting as Inquiry Officers. They conduct detailed oral inquiries into departmental proceedings initiated against public servants, ensuring thorough and impartial examination of allegations.

Functions of the Central Vigilance Commission

The Central Vigilance Commission (CVC) serves as a key watchdog against corruption in central government operations. Its primary mandate involves inquiring into or initiating investigations on references from the Central Government alleging that public servants—specifically, employees of the Central Government or its authorities—have committed offenses under the Prevention of Corruption Act, 1988. This extends to complaints against members of All-India Services serving under the Union, Group 'A' officers of the Central Government, and officers at specified levels in Central Government authorities.

Beyond direct inquiries, the CVC exercises robust superintendence over the Delhi Special Police Establishment (CBI) concerning investigations into Prevention of Corruption Act offenses. It issues directions to the CBI, reviews the progress of such investigations, and monitors pending applications for prosecution sanctions with competent authorities. The Commission also provides advice to the Central Government and its bodies on vigilance matters referred to it, oversees vigilance administration across Central Government ministries and authorities, and handles complaints under the Public Interest Disclosure and Protection of Informers Resolution by conducting inquiries and recommending actions.

The CVC's role extends to procedural consultations: the Central Government must consult it when framing rules and regulations on vigilance and disciplinary matters for Central Civil Services and All-India Services. Additionally, the CVC participates in selection committees for key appointments. As Chairperson—with two Vigilance Commissioners and secretaries from the Ministries of Home Affairs, Personnel and Training, and Revenue (Finance Ministry)—it recommends the Director of Enforcement and, in consultation with that Director, officers above Deputy Director level. The Commission has also been designated as a specific authority to receive information on suspicious transactions under the Prevention of Money Laundering Act, 2002.

The Lokpal and Lokayuktas Act, 2013 expanded the CVC's functions through amendments to the CVC Act, 2003, and the Delhi Special Police Establishment Act, 1946. Notably, it now recommends appointments for the Director of Prosecution in the CBI's Directorate of Prosecution. The CVC chairs selection committees (with two Vigilance Commissioners and secretaries from Home Affairs and Personnel & Training) for CBI officers at the Superintendent of Police level and above, excluding the CBI Director. Furthermore, the Commission conducts preliminary inquiries into Lokpal-referred complaints against Group A, B, C, and D officers and officials via a dedicated Directorate of Inquiry. Reports on Group A and B cases go directly to the Lokpal, while for Group C and D, the CVC initiates further investigation and decides subsequent actions.

Jurisdiction of the Central Vigilance Commission

The CVC's oversight spans a wide array of high-level public officials and institutions linked to the Central Government. This includes members of All-India Services working on Union affairs and Group 'A' officers of the Central Government. In the financial sector, it covers officers at Scale V and above in public sector banks; Grade D and above in the Reserve Bank of India, NABARD, and SIDBI; chief executives, board executives, and E-8 level officers and above in Schedule 'A' and 'B' public sector undertakings; and E-7 level and above in Schedule 'C' and 'D' undertakings. Insurance sectors fall under its purview for managers and above in general insurance companies, and Senior Divisional Managers and above in the Life Insurance Corporation. Finally, it extends to officers drawing a pre-revised salary of ₹8,700 per month or more (adjusted periodically) under the Central Government Dearness Allowance pattern, in societies and local authorities owned or controlled by the Central Government.

Powers and Duties of CVC

The Central Vigilance Commission (CVC) operates from its headquarters in New Delhi, where it enjoys the authority to regulate its own procedures. Endowed with the powers of a civil court, its proceedings carry a distinctly judicial character. To fulfill its mandate of overseeing vigilance and anti-corruption efforts, the CVC can summon reports or information from the Central government and its agencies, enabling effective general supervision.

Upon receiving inquiry reports from agencies to which it has referred cases, the CVC advises the Central government or relevant authorities on the appropriate next steps. These entities must duly consider the CVC's recommendations and implement suitable action. Should they disagree, they are required to furnish recorded reasons in writing to the CVC, ensuring transparency in the process.

Each year, the CVC submits a comprehensive report on its activities to the President, who then lays it before both Houses of Parliament for review.

Vigilance Units in the Ministries

Every ministry and department of the Union Government maintains a dedicated Chief Vigilance Officer (CVO) at its helm, leading the organization's Vigilance Division. This key official supports and advises the Secretary or Head of Office on all vigilance matters, ensuring robust oversight against misconduct. Equally important, the CVO acts as a vital bridge, connecting the ministry or department to both the Central Vigilance Commission (CVC) and the Central Bureau of Investigation (CBI).

The CVO's core duties revolve around proactive vigilance activities. These encompass collecting intelligence on potential corrupt practices by employees, conducting inquiries into verifiable allegations, preparing investigation reports for review by the relevant disciplinary authority, and seeking guidance from the CVC whenever required. Through these functions, the CVO strengthens internal accountability and aligns departmental efforts with national anti-corruption frameworks.

Whistle Blowers Protection Act, 2014

Enacted to safeguard those who expose corruption, the Whistle Blowers Protection Act, 2014 establishes a robust framework for protecting whistleblowers—individuals who reveal wrongdoing in government. It shields them from retaliation, allowing public servants, including ministers, to report corruption or the willful misuse of power without fear of victimization. By encouraging such disclosures in the public interest, the Act fosters greater accountability among officials.

Disclosures must be filed with a competent authority, currently the Central Vigilance Commission (CVC), though the government may notify other bodies to handle complaints. To ensure credibility, every disclosure requires a written or email submission in good faith, accompanied by a personal declaration affirming the complainant's reasonable belief in the substantial truth of the allegations. It should include full particulars, supported by relevant documents or materials. However, no action will proceed if the disclosure fails to identify the complainant or the implicated public servant, or if those identities prove incorrect.

To prevent abuse, the Act imposes strict penalties for false or frivolous complaints: up to two years' imprisonment and a fine of ₹30,000. Notably, it does not extend protection to members of the Special Protection Group, carving out a targeted exception in its scope.