IHAP,

to disobey", judicial and admi

besides other
and the "discretion
techniques, if the rampant corruption and the abuse of power nistrative
democra
rative
is
10 be
effectively before the people lose complete faith in do
checked
in India.

COMMISSION (CVC)
4. CENTRAL VIGILANCE
in the
grievance redran.
In anysystem oft government, improvements ssal
thee attention of the people. Even in
machinery have always engaged par-
of where the rulers rule with the
liamentary forms governments, con-
sent of the people, the need for a v1able grievance redressal machiners.
Actualities of our times have proved c
cannot be overemphasised. false
the assumption that the system of responsible government provides for
a built-in continuous review of the activities of the administration. The
and the prominence of
partisan attitudes in
growth of party discipline
the pertormance of the governmente
asserting grievances and detending
by Ministers tend to create an untavourable atmosphere tor the proper
consideration of individual complaints against the administration. This
ineftective completely tails when inertia
system no matter, howsoever,
was against this backdrop that
and corruption filter from the top. lt
recommended by the Committee on
the establishment of the CVC was
Committee. The Committee
Prevention of Corruption, the Santhanam
in 1962. It recom-
known after the name of its Chairman w a s appointed
as the highest authority
at the head
mended the establishment of a CVC
of the Directorate
of the existing anti-corruption organisation consisting
Directorate of Vigilance and the
of General Complaints and Redress, the
Central Police Organisation. The recommendations ot the Santhanam
and, thus, the CVC was
Committee were accepted by the government

established on a basis under a Resolution No. 24/7/64

non-statutory
to the Ministry oft
Home
dated I I February 1964. The CVC was attached
it is independent in its
Atfairs of the Government of India. Nevertheless,
Public Service Commission (UPS)
functioning in the sense the Union Ministry
Is and no order, direction o r
instruction c a n be issued by the
intertere with its independent operation.
The Central Vigilance
so as to
Commissioner was appointed by the President for a term of six yeas
or till he attains the age of 65 years, whichever is earlier. Theretore, tne
Central Vigilance Commissioner, like other civil servants, does not i
nded
ofhce at the pleasure of the President. He can be removed or suspei
from the offhice by the President on the ground of misbehaviour, but o
com-

atter the Supreme Court has held an enquiry into his case and i

mended action against him. His responsibilities include the opera

943
Police Establish mci
ther existing grievance machineries included Special
Vigilance Organisation (1955) and Central Bureau of Investigation (T96jl
 CENTRAL VIGILANCE COMMISSION (CVC) 581
13
the vigilance m a c h i n inery and coordination of the work of vigilance offic-
subordinate
to him.
ers andd functions of the Commission were set out in the res-
The p o w e r s
olution Inder
under whi which it is established. It exercised general control and
the vigilance and anti-corruption work carried on in
pervision over th
Sup

various
ministri departments and public undertakings. It had been
and power to conduct an enquiry into transactions
en jurisdiction
given
h i c h publiC servats are Suspected of impropriety and corruption
cluding misconduc misdemeanour, lack of integrity and malpractices
nch

civil servants. he Commission was assisted by the CBI in its

zainst
nerations. The CVC has taken a serious note of the growing preoccu-

nation of the CBI with work other than vigilance. Thus, when the CBI
is extensively used for non-corruption investigation work such as drug-
and murders, it hampers the work of the CVC.
trafficking, smuggling
The CVC also advises the Home Ministry on the necessity of departmen
against public servants where
action prima tacie charges
tal disciplinary
misconduct a r e established.
of corruption and
But how effective this institution has proved in uprooting corruption
factors, the most the earnestness
important being
depends on various

on the part of the government, citizens and institutions to clean public

life. Over the years, the independence of the CVC has also been seri
ously compromised. Originally, the CVC had been equated with the
UPSC and its Chairman had a six years' term. However, later on it was
reduced to five years which was further reduced to three years in 1977
with a provision for two years' extension at the pleasure of the govern
ment. U.C. Agarwal who demitted office on 7 July 1987, after a period
of three years, was not only refused extension of two years but the office
remained vacant for about one year when C.G. Somiah, former Home
Secretary, was appointed in 1988. It is discouraging to note that the CVC
has mentioned in its 1982 Annual Report 4I cases where the government
did not accept its advice of imposing major penalty on erring ofhcials
in various units in the Central sector." The Commission has suggested
premature retirement as the legitimate handle to be used tor weed-
ng out the corrupt among the public servants in higher positions. The
Lommission in its 1982 Report also suggested that in cases where prose-
Cution cannot be launched due to lack of evidence and other reasons, cor-
rective and deterrent action should be taken at the stage of conhrmatioon
Or the crossing of efficiency bar.76 In its 1986 Report, the Commissioon
1ds reacted sharply to the pgovernment decision to limit its role over pub-
CSector undertakings where the problem of corruption is by no means
negligible.
b.
ndian Express, Chandigarh 29-8-1983, 5.
ndian
Express, Chandigarh 4-9-1983.
 582 THE CITIZEN AND ADMINISTRATIVE FAULTS

In its efforts to check corruption in

public Iife and to
CHAP
governance, the Supreme Court recommended measures ofprovido le good
far-ro.
consequences while disposing a PIL petition on the CBIv. V.C s
Jain Hawala). The three-judge Bench
separated four major investi
ing agencies from the control of the executive.
These agencies are L
CBI, Enforcement Directorate, Revenue
lntelligence Department and +.
CVC. The court has shitted the CBI under the he
the CVC. The CVC, until now, was under administrative control of
the Home
with the task of bringing to book cases of Ministry entrusted
corruption and
doings and suggesting departmental action. Now the sundry wrono.
umbrella agency and would coordinate the work CVC is to he th
of three other
gating arms. The court further directed that the CVC investi-
statutory body and its head is to be selected should be made a
ered panel consisting of the Prime by a three-man high-pow-
leader of the Minister, the Home Minister and the
In
Opposition.
order to give etfect to the views of the
ernment issued ordinance on 25 August Supreme Court, the gov
an
1998.
ure had diluted the
views of the Supreme Court However, this meas-
against the other. Therefore, what by pitting one view
reformative step had begun to ought have been visualised as a
to be
cleaver bureaucratic
seen as a
lese.Main objections lega-
against the Ordinance related to
1)
membership of the CVC to bureaucrats;
2) making prior
restricting the
the competent
authority mandatory before starting permission of
government officers above the rank of investigation against
ing officers of nationalised banks Joint Secretary and high rank-
and public sector
3) making the Secretary Personnel
ex officio member.
undertakings; and
also raised
against Article 21 of the Ordinance which Objections were
had authorised
the Commission to make
rules but in consultation with the
It was when the
Supreme government.
Court expressed concern over
of the
Ordinance in the hearing these aspects
ment decided to amend relating to its validity that the govern-
the Ordinance and,
the Central thus, on 27 October 1998
Vigilance Commission (Amendment) Ordinance was issued.
The Commission made a four-member
was

opened to *others" besides bureaucrats. body

was and its membership
In the same manner,
single directive of prior permission was deleted and the
the membership of
Secretary Personnel, Government of India was deleted.
bureaucrat, was appointed the first Nagarajan
a retired senior Vittal,
Chief Vigilance
Commissioner after the Commission was given a
statutory status. lt 1s
tooearly to comment on the
functioning of the
CVC, but one thing is reconstituted statutory
certain that no commission
can root out corrup-
tion which has sunk so
deep in the body politic. It can only act as a facii-
tator and
propellant
in the absence of a
strong will. political
77. (1998) 3
SCC410. See also, The Tribune 19-12-1997.
 POINTS FOR DISCUSSION 583
13
To ensure probity in public life and incorruptibility in public officials,
cOvernment at last brought betore Parliament the Central Vigilance
Commission Bill, 2003, which was passed amidst doubts expressed by
many Members that the law is unlikely to be an effective instrument
against corruption in the administration due to many anomalies appar-
ent in the Bill.
An obnoxious feature of the Bill is much-derided single directive
provisions contained in Section 6-A which protects officials of the rank
of Joint Secretary and above from investigation and prosecution without
the permission of the government. This has managed to circumvent even
a Supreme Court directive to do away
with this provision terming it
Hawala7". The Law
"arbitrary, unreasonable and overprotective" in Jain
Commission of India, to which the matter was referred,
also concurred
would
With the Court's view. In simple terms, this provision
Supreme
investigate corruption cases against
make it impossible for the police to
which will come from
senior bureaucrats because necessary permission,
or not at all.
come too late
upper reaches of bureaucracy itself, may
functions of the CVC
III of the Bill relating to the powers and
Chapter the vigilance depart
directive to the CBI or to
estricts from
it giving any inconsist-

ments of various corporations

and government departments
Furthermore, as presently
ent with the instructions of the
government.
views of the leader
to ignore the
it is possible for the government Commission because
worded, to the
appointments
Or Opposition while making of a
between the Prime
consensus
Minister,

T 1S n o r e q u i r e m e n tleader of Opposition in matter of such appoint-

1 m e Minister and the
All this
nominee of the government.
make the CVC a lite.
ES.T his may role in ensuring probiry in public
effective
d y rob the CVC of a n

POINTS FOR DISCUSSION

1809,
Sweden n
ombudsman
in
institution of the world

e r the
birth of the cherished
importable
commodity
institution may
SOon became a most
establish this
ettective-
so far to and
over. Efforts ma
ade in India desirabiliry
to its
com-
reference and
unprincipled
be iscussed with special
ridden by
country
like India
ness a vast
inertia. Bill,
1977

and the Lokpal

corruption on nclude

Petitive politics, Selecr

Comn r e c o m n e n d e d
to
of
2. The of the Joint
Report on 20 July
r979

is a sharp
cleavage

this
presented to Parliament Bill.
There agaist
ant
of the for
within the cope the conep
the MPs Bil.
The points to
of the
r e t e r e n c e

pect with
opinion on this d i s c u s s e d

may be
the Bill
extension of
of ministerial responsibility.

Tribune
19
12 1997
The
78. (199 41o. See also,
3SCC