Functions of The CVC

Central Vigilance Commission
History
• The Special Police Establishment (SPE) which was set up
in 1941 by the Government of India.
o The functions of the SPE then were to investigate cases

of bribery and corruption in transactions with the War &
Supply Department of India during World War II.
o Even after the end of the War, the need for a Central
Government agency to investigate cases of bribery and
corruption by Central Government employees was felt.
o The Delhi Special Police Establishment Act was therefore
brought into force in 1946.
Continued…
 After promulgation of the Act, superintendence of
SPE was transferred to the Home Department and its functions
were enlarged to cover all departments of the Government of
India.
o The jurisdiction of SPE was extended to all the Union

territories and the Act provided for its extension to States
with the consent of the State Government.
o By 1963, the SPE was authorised to investigate offences under
91 different sections of Indian Penal Code (IPC) and 16 other
Central Acts besides offences under the Prevention of
Corruption Act 1947.
•
Continued…
• A growing need was felt for a Central Police Agency at
disposal of the Central Government which could
investigate not only cases of bribery and corruption, but
also:
– violation of Central fiscal laws,

– major frauds relating to Government of India departments,
– public joint stock companies,
– passport frauds,
– crimes on the high seas,
– crimes on the Airlines,
– and serious crimes committed by organised gangs and
professional criminals.
Continued...
On the recommendations of the Santhanam Committee on
Prevention of Corruption, Central Bureau of Investigation
(CBI) was established by a resolution of the Ministry of Home
Affairs on April 1, 1963.
Later, it was transferred to the Ministry of Personnel and now it
enjoys the status of an attached office.
• In 1964, the Central Vigilance Commission (CVC) was set up by
the Government on the recommendations of Santhanam
Committee, to advise and guide Central Government agencies in
the field of vigilance.
• The Supreme Court in the judgement of Vineet Narain & Others
vs. Union of India (1997), gave directions regarding the superior
role of CVC.
Continued…
• The Government promulgated an Ordinance in 1998, conferring
statutory status to the CVC and the powers to exercise
superintendence over functioning of the Delhi Special Police
Establishment (CBI), and also to review the progress of the
investigations pertaining to:
• Alleged offences under the Prevention of Corruption Act,

1988 conducted by them.
• The Commission was given statutory status by the enactment
of “The Central Vigilance Commission Act, 2003”.
Continued…
• After enactment of CVC Act, 2003, the Commission became a multi-
member body consisting of a Central Vigilance Commissioner
(Chairperson) and not more than two Vigilance Commissioners
(Members), to be appointed by the President .
In pursuance of that direction, the Government of India notified

the Public Interest Disclosure and Protection of Informers Resolution
(PIDPI), 2004:
The Commission has been entrusted with the responsibility of

keeping the identity of the complainant secret while lodging a
complaint under PIDPI Resolution, in order to provide protection to
whistle blowers from victimisation.
• .
Continued...
– The Public Interest Disclosure and Protection to Person Making
the Disclosures (PIDPPMD) Bill 2010 renamed as “The Whistle
Blowers’ Protection Bill, 2011” was enacted by the Central
Government in Parliament as “The Whistle Blowers’ Protection
Act, 2014”.
• Through subsequent ordinances and legislations the Government

has added to the functions and powers of the Commission.
• In 2013, the Parliament enacted the Lokpal and Lokayuktas Act,

2013.
Continued…
This act has amended CVC Act, 2003 whereby the Commission has
been empowered to conduct preliminary inquiry and further
investigation into complaints referred by the Lokpal.
• On the issue of overlap of jurisdiction between the CVC Act and

The Lokpal and Lokayuktas Act, the Commission has
communicated its suggestions to the Department-
Related Parliamentary Standing Committee on Personnel, Public
Grievances, Law and Justice during its examination of the Lokpal
and Lokayuktas and Other Related Law (Amendment) Bill, 2014.
The Central Vigilance Commission
• Multi-member Commission consists of a Central Vigilance

Commissioner (Chairperson) and not more than two Vigilance
Commissioners (Member).
• The Central Vigilance Commissioner and the Vigilance

Commissioners are appointed by the President on the
recommendations of a Committee consisting of the Prime Minister
(Chairperson), the Minister of Home Affairs (Member) and the
Leader of the Opposition in the House of the People (Member).
• The term of office of the Central Vigilance Commissioner and the

Vigilance Commissioners is four years from the date on which they
enter their office or till they attain the age
Secretariat
• The Secretariat consists of a Secretary, four Additional

Secretaries, thirty Directors/Deputy Secretaries (including two
Officers on Special Duty), four Under Secretaries and office
staff.
Chief Technical Examiners' Organisation (CTEO)
• The Chief Technical Examiner's Organisation constitutes the

technical wing of the Central Vigilance Commission and is manned
by two Engineers of the rank of Chief Engineers (designated as
Chief Technical Examiners) with supporting engineering staff. The
main functions assigned to this organisation are:
•
Technical audit of construction works of Governmental
organisations from a vigilance angle; Investigation of specific cases
of complaints relating to construction works;
Continued…
– Extension of assistance to CBI in their investigations involving
technical matters and for evaluation of properties in Delhi;
– and Tendering of advice/assistance to the Commission

and Chief Vigilance Officers in vigilance cases involving
technical matters.
The Lokpal and Lokayuktas Act, 2013
• The Act has amended some provisions of CVC Act,

2003 whereby the Commission has been empowered to
conduct preliminary inquiry into complaints referred by
Lokpal in respect of officers and officials of Group 'B', 'C' & 'D',
besides:
• The preliminary inquiry reports in such matters referred by

Lokpal in respect of Group A and B officers are required to be
sent to the Lokpal by the Commission.
The Whistleblowers Protection Act, 2014
• The Whistleblowers Protection Act, 2014 empowers

the Commission as the competent authority:
– to receive complaints relating to disclosure on any

allegation of corruption or wilful misuse of power or wilful
misuse of discretion against any public servant and to
inquire or cause an inquiry into such disclosure,
– and to provide adequate safeguards against
victimisation of the person making such complaint and for
matters connected therewith and incidental thereto.
Limitations of CVC
• CVC is often considered a powerless agency as it

is treated as an advisory body only with no power to
register criminal case against government officials or
direct CBI to initiate inquiries against any officer of the
level of Joint Secretary and above.
• Although CVC is “relatively independent” in its

functioning, it neither has the resources nor the power
to take action on complaints of corruption.
Conclusion
• In the recent past, India has emerged as a progressive and

vibrant economy. With the rapid growth in all sectors of the
economy, huge investments were made in country’s
infrastructure; construction, retail and many other sectors in
the government. Rapid growth in economy throws

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Functions of The CVC

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Central Vigilance Commission

o The functions of the SPE then were to investigate cases

o The jurisdiction of SPE was extended to all the Union

– violation of Central fiscal laws,

• Alleged offences under the Prevention of Corruption Act,

In pursuance of that direction, the Government of India notified

The Commission has been entrusted with the responsibility of

• Through subsequent ordinances and legislations the Government

• In 2013, the Parliament enacted the Lokpal and Lokayuktas Act,

• On the issue of overlap of jurisdiction between the CVC Act and

• Multi-member Commission consists of a Central Vigilance

• The Central Vigilance Commissioner and the Vigilance

• The term of office of the Central Vigilance Commissioner and the

• The Secretariat consists of a Secretary, four Additional

• The Chief Technical Examiner's Organisation constitutes the

– and Tendering of advice/assistance to the Commission

• The Act has amended some provisions of CVC Act,

• The preliminary inquiry reports in such matters referred by

• The Whistleblowers Protection Act, 2014 empowers

– to receive complaints relating to disclosure on any

• CVC is often considered a powerless agency as it

• Although CVC is “relatively independent” in its

• In the recent past, India has emerged as a progressive and

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