Institutions for Improving

Governance
Sanghamitra
 Central Vigilance Commission
• On the basis of Santhanam Committee Report,
the Central Vigilance Commission was set up
in 1964 by the Government of India.
• It investigates corruption charges, complaints
of misconduct, lack of integrity or other kind
of malpractices on the part of public servants.
 Contd…
• It advises the Union Government on all
matters pertaining to the maintenance of
integrity in administration.
• It exercises superintendence over the working
of the Central Bureau of Investigation (CBI)
and,
• over the vigilance administration of various
ministries and other organizations of the
union government.
 Limitations of CVC
• The CVC has only the advisory role
• The procedure of Investigation is so vexatious
that people do not desire to be involved in
long and unpleasant proceedings.
 Lokpal & Lokayukta
• The First ARC- 1966 recommended for setting
up of Lokpal.
• It is supposed to be the watchdog over the
integrity of ministers and MPs.
• It is called as the Ombudsman type of
administration in countries like Sweden.
 Contd…
• Ombudsman" is a Swedish term dating back to
the 1808. It means a person who has an ear to
the people.
• It is used world-wide to designate impartial,
confidential and independent offices that
receive inquiries and concerns from groups of
people, and work to achieve fair solutions.
 Lokpal and Lokayukta Act 2013
• It was passed in the Parliament on 18th December
2013. The Bill was passed by Rajya Sabha on 17th
December 2013.
• Features:
1 Lokpal at the Centre and Lokayukta at the state
level.
• Composition
2. A chairperson and a maximum of 8 members, 50
per cent of which should be judicial members.
 Contd…
• 3. 50 per cent of members of Lokpal shall be
from SC/ST/OBCs, minorities and women.
 Contd…
• Selection Committee:
• 4.The selection of chairperson and members of
Lokpal shall be through a selection committee
consisting of Prime Minister, Speaker of Lok Sabha,
Leader of Opposition in the Lok Sabha, Chief Justice
of India or a sitting Supreme Court judge nominated
by the CJI, eminent jurist to be nominated by the
President of India on the basis of recommendations
of the first four members of the selection committee.
 Contd…
• 5. Prime Minister has been brought under the
purview of the Lokpal.
• 6. Lokpal's jurisdiction will cover all categories
of public servants.
 Contd…
• All entities receiving donations from foreign
source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess
of Rs 10 lakh per year are brought under the
jurisdiction of Lokpal.
• 8. Provides adequate protection for honest
and upright public servants.
 Contd…
• 9. Lokpal will have power of superintendence and
direction over any investigation agency including
CBI for cases referred to them by Lokpal.
• A high powered committee chaired by the Prime
Minister will recommend selection of the Director
of the CBI.
• 10. Directorate of Prosecution headed by a
Director of Prosecution under the overall control
of Director.
 Contd…
• 11. The appointment of the Director of
Prosecution, CBI on the recommendation of
the Central Vigilance Commission.
• 12. Transfer of officers of CBI investigating
cases referred by Lokpal with the approval of
Lokpal.
 Contd…
• The Bill also incorporates provisions for
attachment and confiscation of property
acquired by corrupt means, even while
prosecution is pending.
• 14. The Bill lays down clear time lines for
preliminary enquiry and investigation and trial
and towards this end, the Bill provides for
setting up of special courts.
 Contd…
• 15. A mandate for setting up of the institution
of Lokayukta through enactment of a law by
the State Legislature within a period of 365
days from the date of commencement of the
Act.