Central Vigilance Commission and CBI
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1. Central Vigilance Commission (CVC) — Background and Status
The CVC was set up in 1964 by an executive resolution on the recommendations of the Santhanam Committee on Prevention of Corruption (1962-64).
Status: Conferred statutory status by the CVC Act, 2003 — it is a statutory body (NOT constitutional).
Composition:
- A Central Vigilance Commissioner (Chairperson) + not more than 2 Vigilance Commissioners.
Appointment: By the President on recommendation of a 3-member committee: PM (Chairperson) + Union Home Minister + Leader of Opposition in Lok Sabha.
Term: 4 years or until age 65, whichever is earlier. NOT eligible for further government employment.
Independence: Expenses charged on Consolidated Fund of India; removed by President on grounds of proved misbehaviour (inquiry by SC) or infirmity.
Role of CVC:
- Advises Central Government agencies in vigilance matters.
- Exercises superintendence over CBI in matters relating to the Prevention of Corruption Act.
- Supervises vigilance administration of Central Government Ministries/Departments.
2. Central Bureau of Investigation (CBI) — Nature and Jurisdiction
Established: 1963 by a resolution of the Ministry of Home Affairs.
Nature: CBI is NOT a statutory body — it exists ONLY by an executive resolution (a frequently asked UPSC fact).
- CBI draws its powers to investigate from the DSPE (Delhi Special Police Establishment) Act, 1946, but the CBI itself was NOT created by that Act.
- CBI falls under the Ministry of Personnel, Public Grievances and Pensions (NOT Home Ministry).
Jurisdiction (Consent Rule):
- CBI has jurisdiction throughout India BUT can only investigate in a state if: (a) The case involves a Central Government employee, OR (b) The state government gives consent, OR (c) SC/HC orders CBI to investigate.
- State of West Bengal v. Committee for Protection of Democratic Rights (2010): SC held it can order CBI investigation even without state consent when fundamental rights are at stake.
Landmark Case — Vineet Narain v. Union of India (1997):
- SC issued guidelines to protect CBI from political interference.
- Led to the fixed 2-year tenure for CBI Director (CVC Act, 2003).
"Caged Parrot" Remark: SC in Supreme Court v. Union of India (2013) described CBI as a "caged parrot speaking in its master's voice" — referring to political interference in CBI investigations.
3. CBI Director Appointment and Key Reforms
Appointment of CBI Director:
- By the Central Government on recommendation of a 3-member committee:
- Prime Minister (Chairperson)
- Leader of Opposition in Lok Sabha (or largest Opposition party leader)
- Chief Justice of India (or SC judge nominated by him)
- (Framework established by Lokpal and Lokayuktas Act, 2013 — Section 4A)
Tenure Protection:
- Fixed 2-year minimum tenure — cannot be transferred without committee approval (CVC Act, 2003).
- DSPE (Amendment) Act, 2021: Extended possible tenure to up to 5 years (with annual extensions in exceptional cases beyond 2 years).
Key Criticisms of CBI:
- No independent statute — operates only through executive resolution.
- Consent requirement from states limits jurisdiction cases significantly.
- Allegations of political misuse — "caged parrot" concern.
- Operates under executive control unlike independent judicial review bodies.
CVC vs CBI Relationship:
| Aspect | CVC | CBI |
|---|---|---|
| Nature | Statutory body (CVC Act 2003) | NOT statutory (executive resolution) |
| Established | 1964 | 1963 |
| Role | Vigilance oversight | Investigation agency |
| Power over other | Superintendence over CBI | Derives powers from DSPE Act 1946 |
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