Name of student: N Rohit Mohun Raju

Registration Number: 20DBALB033

Programme: B.A., L.L.B

Semester: 6th semester

Course Name: Administrative Law

Course Code: 5BAL601

Component: Term Paper

Date of submission: 19-05-2023

Submitted to: Prof. Rajeshwi Pradhan

 The Role of Central Vigilance Commission (CVC) in
India

Abstract

Corruption is a significant threat to any nation's socioeconomic progress and good

governance. Recognising the importance of this issue, India established the Central
Vigilance Commission (CVC) as the country's top anti-corruption agency. This
abstract aims to provide an overview of the CVC's role in India, focusing on its
functions, responsibilities, and impact on corruption prevention.

The CVC, which was founded in 1964, is an important institution tasked with
promoting integrity, transparency, and accountability in the public sector. Its
primary responsibility is to prevent corruption in the Indian bureaucracy and to
oversee the vigilance activities of government departments, public sector enterprises,
and autonomous bodies. The CVC's responsibilities include advising and assisting
organisations in the development of anti-corruption policies, promoting ethics, and
educating employees on vigilance practises. As an independent body, the CVC has
been given the authority to investigate corruption cases involving public officials,
making it an important player in the fight against corruption. It conducts
investigations, inspections, and recommends disciplinary action within government
agencies, promoting a culture of accountability and deterrence. The CVC also plays
an important role in protecting whistle-blowers by ensuring their safety and
overseeing the implementation of the Whistle-blower Protection Act.

Furthermore, the CVC actively collaborates with other national and international
anti-corruption organisations. It collaborates closely with the Central Bureau of
Investigation (CBI), the Enforcement Directorate (ED), and various state vigilance
commissions to ensure that anti-corruption laws are effectively enforced. In addition,
the CVC attends international conferences and forums to share best practises and
learn from global experiences in fighting corruption. While the CVC has made
significant progress, challenges remain. Concerns remain about expanding its
jurisdiction and strengthening legal provisions to combat corruption in all sectors.

Keywords: Corruption, International Relations, Legal provisions

Introduction

The Central Vigilance Commission (CVC) is a well-known anti-corruption

organisation in India. The CVC, which was established in 1964, serves as a central
authority charged with promoting integrity, transparency, and accountability in the
public sector. It is an important institution in combating corruption and ensuring
good governance throughout the country.

Corruption is a threat to social, economic, and political development in India, as it is

in many other countries. Recognising the negative impact of corruption on the
advancement of the nation, the Indian government established the CVC to address
this issue. The CVC operates as an independent, non-political body with the primary
goal of preventing corruption and promoting ethical practises in public
administration.

The CVC's responsibilities include many aspects of anti-corruption efforts. It

oversees the anti-corruption and anti-misconduct activities of government
departments, public-sector enterprises, and autonomous bodies. The commission
advises, counsels, and assists these organisations in developing anti-corruption
policies and cultivating an integrity culture. It also conducts inquiries and
investigations into corruption cases, recommending appropriate disciplinary action
against corrupt public officials.

In addition to conducting investigations, the CVC plays an important role in

protecting whistle-blowers. It is in charge of overseeing the implementation of the
Whistle-blower Protection Act, which ensures the safety and security of those who
expose corruption. This mechanism promotes transparency and allows people to
report wrongdoing without fear of retaliation.

The CVC has made significant contributions to the fight against corruption in India
over the years. It has created preventive measures like integrity pacts to promote
transparency and accountability in public procurement processes. The CVC has also
introduced the Integrity Index, a tool that evaluates various organisations' integrity
practises and governance systems, thereby encouraging a culture of integrity and
ethics.

The CVC works with other law enforcement agencies and anti-corruption
organisations on a national and international scale. It collaborates closely with the
Central Bureau of Investigation (CBI), the Enforcement Directorate (ED), and state
vigilance commissions to ensure that anti-corruption laws are effectively enforced.

Research Questions

1. What are the functions of CVC in India?

2. What is the structure of governance of CVC?
3. Which acts give the power of jurisdiction to CVC?

Research Objectives

1. To understand and analyse the functioning of CVC in India

2. To understand the investigations done by CVC
3. Analysing the advantages and limitations of CVC

Functions of CVC

The key functions of CVC include:

1. The CVC advises and assists government organisations in developing anti-

corruption policies and practises. It offers advice on preventing corruption
and promoting integrity in government.
2. Oversight of Vigilance: The CVC oversees the vigilance activities of
government agencies, public-sector enterprises, and autonomous bodies. It
ensures that adequate anti-corruption and anti-misconduct mechanisms are
in place.
3. Corruption Investigations: The CVC has the authority to investigate
allegations of public official corruption. It investigates cases of corruption and
recommends appropriate action, either directly or through the Central Bureau
of Investigation (CBI).
4. Disciplinary Action: The CVC recommends disciplinary action against public
officials found guilty of corruption or misconduct based on its investigations.
It advises the disciplinary authorities on the appropriate penalties or actions
to be taken against the officials who have broken the rules.
 5. Whistleblower Protection: The CVC is in charge of ensuring the safety and
security of individuals who expose corruption. It takes steps to protect
whistleblowers from harassment and punishes those who retaliate against
them.
6. Preventive Measures: The CVC develops and promotes anti-corruption
measures. Integrity pacts are agreements between public organisations and
suppliers or contractors in which both parties commit to maintaining integrity
and ethical practises during procurement processes.
7. Integrity Index: The CVC has introduced the Integrity Index, which evaluates
various organisations' integrity practises and governance systems. This tool
encourages organisations to implement and strengthen integrity measures,
thereby cultivating a culture of transparency and ethics.
8. Collaboration and Coordination: The CVC works with other law enforcement
agencies, including the CBI and the Enforcement Directorate, to coordinate
anti-corruption efforts. It also collaborates with state vigilance commissions
and international anti-corruption organisations to share best practises and
strengthen anti-corruption efforts.
9. Awareness and Education: The CVC promotes vigilance and anti-corruption
measures through public awareness and education. It runs training
programmes and workshops to educate public officials and employees about
the value of integrity and ethics in government.
10. Research and Studies: The CVC conducts corruption and vigilance research
and studies. It analyses trends, patterns, and causes of corruption in order to
develop effective anti-corruption strategies and policies.

Structure of Governance of CVC

The Central Vigilance Commission (CVC) in India follows a structured governance

framework to ensure its effective functioning and independence. The governance
structure of the CVC consists of the following components:

 The Central Vigilance Commissioner: He is the commission's head and

is appointed by the President of India. The CVC is the commission's chief
 executive and has overall administrative control. The CVC is in charge of
supervising and coordinating the commission's functions.
 Vigilance Commissioners: The CVC is assisted by up to two Vigilance
Commissioners, both of whom are appointed by the President of India. The
Vigilance Commissioners collaborate with the CVC and are responsible for
making decisions, conducting investigations, and advising on vigilance issues.
 Secretariat: The CVC has a dedicated secretariat that assists with day-to-day
operations. The secretariat is made up of officers and staff who help the
commission carry out its functions and provide administrative support. The
secretariat is critical in coordinating with other government agencies,
receiving complaints, conducting investigations, and facilitating decision-
making.
 Vigilance Division: The Vigilance Division of the CVC is in charge of
supervising and monitoring vigilance activities in government organisations.
It advises, counsels, and assists these organisations in developing and
implementing vigilance policies and practises. To prevent corruption and
misconduct, the division works with various government departments, public
sector enterprises, and autonomous bodies.
 Collaboration with Other Law Enforcement Agencies: The CVC
works with other law enforcement agencies, such as the CBI and the
Enforcement Directorate (ED), to coordinate anti-corruption efforts. It also
collaborates with state vigilance commissions and international anti-
corruption organisations to share information, best practises, and strengthen
cooperation in the fight against corruption.

The CVC's governance structure ensures that the commission operates independently
and has the authority and resources it needs to carry out its functions effectively. It
helps the commission's role in promoting integrity, transparency, and accountability
in India's public sector.

Investigations done by CVC

In India, the Central Vigilance Commission (CVC) investigates allegations of

corruption involving public officials. The CVC conducts investigations to uncover
instances of corruption, gather evidence, and recommend appropriate action. Here
are some key findings from the CVC's investigations:

1. Jurisdiction: The CVC has jurisdiction over cases of corruption involving

public officials from central government departments, public sector
enterprises, and autonomous bodies. It has the authority to investigate
allegations of corruption, bribery, embezzlement, or any other form of
misconduct that falls under its jurisdiction.
2. Complaints and Whistleblower Protection: The CVC receives complaints from
individuals, organisations, and whistleblowers. By enacting the Whistleblower
Protection Act, it ensures the protection of whistleblowers who come forward
to report corruption. Complaints are thoroughly examined and investigated
based on their merit and relevance to allegations of corruption.
3. Preliminary Inquiry: The CVC initiates a preliminary inquiry after receiving a
complaint or information about a corruption allegation. During this stage, the
CVC evaluates the veracity of the allegations, gathers preliminary evidence,
and decides whether a thorough investigation is necessary. The preliminary
investigation aids in weeding out frivolous or baseless complaints.
4. Detailed Investigation: If the preliminary investigation establishes a prima
facie case of corruption, the CVC launches a detailed investigation. The
investigation may be carried out by CVC officers or by the Central Bureau of
Investigation (CBI) or other designated agencies. To establish the facts of the
case, the investigator gathers evidence, conducts interviews, examines
documents, and analyses financial transactions.
5. Disciplinary Action and Prosecution: Following the completion of the
investigation, the CVC recommends disciplinary action against public officials
who are found to be corrupt or negligent. Based on the evidence and the
applicable rules and regulations, the CVC advises the disciplinary authorities
on the appropriate penalties or actions to be taken. In criminal cases, the CVC
may recommend prosecution and refer the case to the proper law enforcement
agency for further action.
6. Monitoring and Follow-up: The CVC monitors and follows up on the progress
of cases after they have been investigated. It ensures that the recommended
disciplinary and legal actions are carried out, and that the responsible
 authorities take the necessary steps to combat corruption and ensure
accountability.
7. Collaboration with Law Enforcement Agencies: The CVC works with other law
enforcement agencies to coordinate efforts in investigating and prosecuting
corruption cases, such as the CBI and the Enforcement Directorate (ED). This
collaboration ensures that anti-corruption laws are effectively enforced and
facilitates the exchange of information and expertise.

Acts powering the jurisdiction of CVC

1. The Central Vigilance Commission Act, 2003: This act is the primary
piece of legislation establishing the CVC and defining its functions, powers,
and jurisdiction. It establishes the CVC's authority to investigate cases of
corruption involving public officials from central government departments,
public-sector enterprises, and autonomous bodies. The act establishes the
framework for the CVC's operations and specifies its authority to investigate,
recommend disciplinary action, and supervise vigilance activities.
2. The Prevention of Corruption Act, 1988: This act is a comprehensive
piece of legislation that addresses corruption prevention, investigation, and
prosecution. The provisions of this act give the CVC the authority to
investigate corruption cases. It gives the CVC the authority to investigate
violations of the Prevention of Corruption Act, such as bribery, embezzlement,
abuse of power, and other corrupt practises.
3. The Whistleblower Protection Act, 2014: Under this act, the CVC's
jurisdiction is expanded to include cases involving whistleblowing.
Whistleblowers who report corruption or disclose information about corrupt
practises are protected under the act. The CVC oversees the implementation of
this act and ensures whistleblowers' safety and security.
4. The Delhi Special Police Establishment Act, 1946: For the
investigation of corruption cases, the CVC works with the Central Bureau of
Investigation (CBI). The Delhi Special Police Establishment Act authorises the
CBI to investigate corruption offences referred to it by the CVC or other
authorised agencies. The CVC collaborates with the CBI to conduct
investigations and take action against corrupt officials.
These acts, along with other relevant laws and regulations, provide the legal
framework for the CVC's jurisdiction and investigative powers. They empower the
CVC to combat corruption, conduct inquiries and investigations, recommend
disciplinary action, and promote transparency and accountability within the public
sector of India.

Advantages of CVC

The Central Vigilance Commission (CVC) in India offers several advantages in the
fight against corruption and the promotion of good governance. Some of the key
advantages of the CVC are as follows:

1. Centralized Authority: The CVC functions as a centralised authority dedicated

to preventing corruption in the public sector. It implements a unified
approach to dealing with corruption cases, ensuring consistency and
coherence in anti-corruption efforts across various government departments
and organisations.
2. Independent Oversight: Because the CVC is independent of the executive
branch, it can conduct impartial oversight and investigations into corruption
cases. This independence strengthens its credibility and effectiveness in
holding public officials accountable for their actions, regardless of position or
affiliation.
3. Preventive Measures: To combat corruption, the CVC emphasises preventive
measures. It creates and promotes integrity pacts, guidelines, and best
practises to ensure transparency and ethical behaviour in government. The
CVC helps to create a corruption-resistant environment within government
organisations by focusing on prevention.
4. Whistleblower Protection: The CVC is critical in protecting those who expose
corruption. It puts the Whistleblower Protection Act into action, ensuring the
safety and security of people who come forward with information about
corrupt practises. This safeguard encourages whistleblowers to come forward
without fear of retaliation, assisting in the detection and prevention of
corruption.
5. Coordination with Law Enforcement Agencies: The Central Bureau of
Investigation (CBI) and the Enforcement Directorate (ED) collaborate with
the CVC. This collaboration strengthens anti-corruption efforts by leveraging
 these agencies' expertise and resources in investigating and prosecuting
corruption cases.
6. Transparency and Accountability: The CVC works to increase transparency
and accountability in the public sector. The CVC ensures that public officials
are held accountable for their actions through its oversight activities,
investigations, and recommendations for disciplinary action, fostering a
culture of integrity and accountability.
7. Research and Awareness: The CVC conducts research, studies, and awareness
programmes to better understand the dynamics of corruption and to educate
public officials and employees about the value of integrity and ethics. These
initiatives help to raise awareness and knowledge, empowering people to
resist and combat corrupt practises.
8. International Cooperation: The CVC collaborates with international anti-
corruption bodies and organisations to exchange information, best practises,
and experiences. By learning from global experiences and implementing
effective strategies, this international cooperation strengthens India's anti-
corruption efforts.

The benefits of the CVC in India demonstrate its critical role in combating
corruption, promoting integrity, and improving governance. The CVC helps to build a
more transparent, accountable, and corruption-free public sector in India by
exercising independent oversight, implementing preventive measures, protecting
whistleblowers, and promoting transparency.

Limitations Of CVC

While India's Central Vigilance Commission (CVC) plays an important role in

combating corruption and promoting good governance, it is not without limitations.
These constraints can have an impact on the CVC's effectiveness and ability to fully
address corruption. The following are some of the CVC's limitations:

1. Prosecutorial Powers: The CVC lacks direct prosecutorial authority. While it

can investigate corruption cases and recommend disciplinary action, criminal
offences are prosecuted by law enforcement agencies such as the Central
Bureau of Investigation (CBI) and the government's prosecution wing. As a
 result, there may be delays and coordination issues between the CVC and
prosecuting agencies.
2. Limited Jurisdiction: The CVC's jurisdiction is primarily limited to central
government departments, public sector enterprises, and autonomous bodies.
It has no authority over state government departments or private-sector
businesses. As a result, corruption cases involving these entities fall outside
the CVC's purview, limiting the CVC's scope of action and impact.
3. Dependent on Government Cooperation: The CVC operates within the
framework of the government and relies on the cooperation of government
departments and agencies for its investigations and implementation of
recommendations. This dependence can sometimes cause delays, resistance,
or interference in the CVC's operation, compromising its independence and
effectiveness.
4. Resource Constraints: The CVC is constrained by manpower, infrastructure,
and financial resources. These constraints may have an impact on the CVC's
ability to handle a large number of corruption cases effectively and timely.
Inadequate resources may also limit the commission's ability to conduct
extensive investigations or implement large-scale preventive measures.
5. Lack of Statutory Status: Although the Central Vigilance Commission Act
established the CVC, it does not have constitutional or statutory status. The
CVC's authority and autonomy are limited in some ways due to the lack of
statutory recognition. It is not an independent constitutional body and is
subject to government administrative control.
6. Limited Control over Autonomous Bodies: While the CVC has jurisdiction
over autonomous bodies, it has limited control over their functioning and
decision-making processes. The autonomous bodies frequently have their own
governing structures and procedures, which may hamper the CVC's ability to
effectively enforce anti-corruption measures.

Despite these limitations, the CVC continues to play an important role in combating
corruption and promoting public sector integrity. Addressing these limitations
through reforms and enhancements can increase the CVC's effectiveness in fighting
corruption in India.
Recent Reforms Made by CVC

 The CVC modified the guidelines governing the transfer and posting of
officials in government organisations' vigilance units in April 2021, limiting
their tenure to three years at one location.
 Personnel in a vigilance unit at one location, including lower-level
functionaries, should be limited to three years.
 The tenure may be extended for three more years, but at a different location.
 Personnel who have spent more than five years in the same vigilance unit
should be moved as soon as possible.

CONCLUSION

Finally, the Central Vigilance Commission (CVC) in India plays an important role in
the country's anti-corruption framework. It has been charged with promoting
integrity, transparency, and accountability in the public sector. The CVC advises and
assists government organisations, conducts investigations, recommends disciplinary
action, protects whistleblowers, and promotes preventive measures, among other
things.

However, the CVC has some limitations that may limit its effectiveness. These
constraints include a lack of prosecutorial powers, limited jurisdiction over state
government departments and private sector entities, reliance on government
cooperation, resource constraints, a lack of statutory status, limited control over
autonomous bodies, and the need for legal framework strengthening.

Despite these constraints, the CVC continues to contribute significantly to the fight
against corruption. It acts as a watchdog, making certain that corruption is exposed
and appropriate action is taken. Efforts to address the limitations by expanding the
CVC's jurisdiction, ensuring independence, allocating adequate resources, and
strengthening the legal framework can help the CVC further its mission to promote
integrity and combat corruption.

To truly create a corruption-free environment, these constraints must be addressed

and the CVC given the necessary tools, authority, and support. The CVC's role is
critical in upholding good governance principles and holding public officials
accountable for their actions. India can make significant progress in eradicating
corruption and fostering a culture of transparency and integrity in its public sector by
continuously strengthening the CVC and working towards a comprehensive anti-
corruption framework.
BIBLIOGRAPHY

 “Roles and Functions | Central Vigilance Commission | Government of India.”

Roles and Functions | Central Vigilance Commission | Government of India,
18 May 2023, www.cvc.gov.in/?q=cvos-corner/roles-and-functions.
 “Central Vigilance Commission (CVC).” Drishti IAS, 4 June 2019,
www.drishtiias.com/important-institutions/drishti-specials-important-
institutions-national-institutions/central-vigilance-commission-cvc.
 “VIGEYE VANI.” https://www.cvc.gov.in/sites/default/files/nl31122014.pdf,
www.cvc.gov.in/sites/default/files/nl31122014.pdf. Accessed 19 May 2023.
 “The CVC and Its Role in India.” Central Vigilance Commission,
www.cvc.gov.in/sites/default/files/introduction.pdf. Accessed 19 May 2023.