Mains Daily Question
Sept. 11, 2023
Q2. Critically examine the role and functions of the Central Vigilance Commission (CVC) as the apex vigilance institution. (10 Marks)
Approach: Introduction: Briefly describe the Central Vigilance Commission (CVC). Body: Highlight the important role of CVC and then show the shortcomings of the institution. Conclusion: Conclude by showing the recent steps taken by CVC to enhance effectiveness. |
Answer:
The Central Vigilance Commission (CVC) is the apex institution in India that monitors and advises on all vigilance matters under the Central Government. It was established in 1964 on the recommendations of the Santhanam Committee to prevent and combat corruption in public administration. The CVC has statutory status since 2003 and is independent of any executive authority.
Important role and functions of CVC:
- Deterrence against Corruption: One critical role is the creation of credible deterrence against corruption by promptly enforcing anti-corruption laws and regulations, including the Prevention of Corruption Act, of 1988.
- Preventive Measures: Implementing effective preventive measures to minimize the scope of corruption, thereby reducing opportunities for corrupt practices.
- Supervision and Vigilance: The organization supervises the functioning of the Central Bureau of Investigation (CBI) and exercises superintendence over the vigilance administration of various central government ministries, departments, and organizations. This oversight helps maintain integrity and accountability within government bodies.
- Public Awareness: Raising public awareness is essential to inculcate ethical values and reduce society's tolerance toward corruption. This aspect of the role focuses on educating and mobilizing the public against corrupt practices, fostering a culture of honesty and accountability.
However, the CVC faces some limitations in its role. Some of these are:
- The CVC is not an independent constitutional body, but a statutory body dependent on the executive for its appointment, removal, budget and staff. This may affect its autonomy and credibility in dealing with corruption cases involving high-ranking officials or politicians.
- The CVC has no direct control over the CBI, which is the main investigating agency for corruption cases. The CBI is under the administrative control of the Department of Personnel and Training (DoPT). This may create conflicts of interest or political interference in the CBI's work.
- The CVC can only give directions or recommendations to the CBI, but cannot monitor or supervise its investigations or prosecutions.
- The CVC has limited jurisdiction over the public servants of the central government and its entities. It cannot inquire into corruption cases involving state government officials, judges, members of parliament, defence personnel, intelligence agencies, etc.
- The CVC also cannot initiate suo moto inquiries, but can only act on complaints received from the public or referrals from other authorities.
- Over the years, the office of the Chief Vigilance Officers and the Commission has encountered issues concerning transparency and independence from the executive in the exercise of its powers.
- Limited capacity and resources to deal with a large number of complaints and cases that it receives. It is a very small set-up with a sanctioned staff strength of 296.
- The CVC can only recommend disciplinary action or prosecution against the public servants found guilty of corruption, but cannot enforce its recommendations or impose penalties. The final decision on taking action lies with the competent authority, which may not always act on the CVC's recommendations or may dilute or delay them.
The limitations affect the effectiveness and credibility of the CVC as a watchdog of integrity and accountability in public service. Therefore, there is a need to strengthen the CVC's powers, autonomy and resources to enable it to perform its role more efficiently and effectively.
Recent reforms like the latest guidelines and circulars on various aspects of vigilance such as preventive vigilance, strengthening of the online portal for receiving and processing complaints from the public, annual performance review of CVOs etc. are the steps taken in the right direction.