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Constitutional Framework GS Paper II

Functions and Powers of the Central Vigilance Commission

under the Central Vigilance Commission Act, 2003

  • Exercise superintendence over the functioning of the Delhi Special Police Establishment (CBI) insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988; or an offence under the Cr.PC for certain categories of public servants – section 8(1)(a);
  • Give directions to the DSPE in Special Police Establishment (CBI) for superintendence insofar as it relates to the investigation of offences under the Prevention of Corruption Act, 1988 – section 8(1)(b);
  • To inquire or cause an inquiry or investigation to be made on a reference by the Central Government – section 8(1)(c);
  •  To inquire or cause an inquiry or investigation to be made into any complaint received against any official belonging to such category of officials specified in sub-section 2 of Section 8 of the CVC Act, 2003 – section 8(1)(d);
  • Review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the Prevention of Corruption Act, 1988 or an offence under the Cr.PC – section 8(1)(e);
  • Review the progress of the applications pending with the competent authorities for sanction of prosecution under the Prevention of Corruption Act, 1988 – section8(1)(f); Tender advice to the Central Government and its organizations on such matters as may be referred to it by them – section 8(1)(g);
  • Exercise superintendence over the vigilance administrations of the various Central Government Ministries, Departments and organizations of the Central Government – section 8(1)(h);
  • Shall have all the powers of a Civil court while conducting any inquiry – section 11;
  • Respond to Central Government on mandatory consultation with the Commission before making any rules or regulations governing the vigilance or disciplinary matters relating to the persons appointed to the public services and posts in connection with the affairs of the Union or to members of the All India Services – section 19;
  • The Central Vigilance Commissioner (CVC) is also the Chairperson of the two Committees, on whose recommendations, the Central Government appoints the Director of the Delhi Special Police Establishment  and the Director of Enforcement –section 25 and section 26;
  • The Committee concerned with the appointment of the Director CBI is also empowered to recommend, after consultation with the Director (CBI), the appointment of officers to the posts of the level of SP and above in DSPE –section 26;
  • The Committee concerned with the appointment of the Director of Enforcement is also empowered to recommend, after consultation with the Director of Enforcement appointment of officers to the posts of the level of Deputy Director and above in the Directorate of Enforcement – section 25;

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