Central Vigilance Commission and CBI

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.

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.

Appointment of CBI Director:

• By the Central Government on recommendation of a 3-member committee:
  1. Prime Minister (Chairperson)
  2. Leader of Opposition in Lok Sabha (or largest Opposition party leader)
  3. 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:

1. No independent statute — operates only through executive resolution.
2. Consent requirement from states limits jurisdiction cases significantly.
3. Allegations of political misuse — "caged parrot" concern.
4. Operates under executive control unlike independent judicial review bodies.

CVC vs CBI Relationship: