Anti Corruption Measures - Part 1

ANTI CORRUPTION MEASURES - PART 1

 

Central Vigilance commission

'CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.'

•    Main agency for  preventing corruption in  the Central government.
•   Established in 1964 by an executive resolution of the Central government.
•   Establishment was  recommended by the Santhanam Committee on Prevention of Corruption (1962–64).
•   Originally the CVC was neither a constitutional body nor a statutory body.
•   In September 2003, the Parliament enacted a law conferring statutory status on the CVC.
•  In  2004,  the  Government  of  India  authorised  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.
•  Conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities  in Central  Government organisations in planning, executing, reviewing and reforming their vigilance work.

Composition:
•    A multi-member body consisting of a Central Vigilance Commissioner (chairperson)  and  not more than  two vigilance commissioners.
•    Appointed by the president by warrant under his hand and seal on the recommendation of a three-member committee consisting of the prime minister as its head, the Union minister of home affairs  and the Leader  of the Opposition in the Lok Sabha.
•    Hold office for a term of four years or until they attain the age of sixty five years, whichever is earlier.
•    After their tenure, they are not eligible for further employment under the Central or a state government.

The president can remove the Central Vigilance Commissioner or any vigilance commissioner from  the office under the following circumstances:
(a)    adjudged an insolvent; or convicted of an offence which (in the opinion of the Central government) involves a moral turpitude; or
(b)    engages, during his term of office, in any paid employment outside the duties of his office;
(c)    he is (in the opinion of the president), unfit to continue in office by reason of infirmity of mind or body; or
(d)    acquired such financial or other interest as is likely to affect prejudicially his official functions.
•    the president can also remove the Central Vigilance Commissioner or any vigilance commissioner on the ground of proved misbehaviour or incapacity.
•    the president has to refer the matter to the Supreme Court for an enquiry.
•    If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the president can remove him.
•    He is deemed to be guilty of misbehaviour, if he (a) is concerned or interested in any contract or agreement made by the Central government, or (b) participates in any way in  the profit of  such contract  or  agreement or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company
•    The salary, allowances and other conditions of service of the Central Vigilance Commissioner are similar to those of the Chairman of UPSC and that of the vigilance commissioner are similar to those of a member of UPSC. But they cannot be varied to his disadvantage after his appointment.

Organisation:
•    Has its own Secretariat, Chief Technical Examiners‘ Wing (CTE) and a wing of Commissioners for Departmental Inquiries (CDIs).

Secretariat: The Secretariat consists of a Secretary, Joint Secretaries, Deputy Secretaries, Under Secretaries and office staff.
Chief Technical Examiners’ Wing: The Chief Technical Examiners‘ Organisation constitutes the technical wing of the CVC. It consists of Chief Engineers (designated as Chief Technical Examiners) and supporting engineering staff. The main functions assigned to this organisation are as follows:
     (i)    Technical audit of construction works of Government organisations from a vigilance angle
     (ii)    Investigation of specific cases of complaints relating to constructionworks
    (iii)    Extension of assistance to CBI in their investigations involving technical matters and for evaluation of properties in Delhi
    (iv)    Tendering of advice / assistance to the CVC and Chief Vigilance Officers in vigilance cases involving technical matters