Vigilance and CBI

Various Anti Corruption Bodies

Mere enacting Anti-Corruption Laws can not curb corruption.
Perfectly framed strong machinery is essentially needed to enforce
and implement those laws effectively.
Hence, certain Anti-Corruption Agencies are established to enforce
the Anti-Corruption Laws in India, like,
Central Vigilance Commission (CVC)
Central Bureau of Investigation (CBI)
Anti Corruption Bureau (ACB)
Comptroller and Auditor General (CAG)
Lokpal
Lokyukt and Uplokyukt etc etc…..
 Central Vigilance Commission
(History and Occurrence)
CVC was born in 1964, The CVC became answerable to the Nation as
the force that would halt official corruption.
In the midst of a World War-II, the government found it necessary to
create the Special Police Establishment (SPE) in 1941 through an
executive order.
SPE dealt with cases of bribery and corruption, mostly within the War
and Supply Department of the government.
In 1946, Parliament passed the Delhi Special Police Establishment
Act (DSPE Act), which replaced the SPE with the Delhi Special Police
Establishment (DSPE), gave it legal sanction, and switched its
superintendence from the War and Supply Department, to the Central
Government.
To be sure, the CVC was the apex anti-corruption body because it was
the only body dedicated purely to the fight against corruption.
 Powers and Functions of CVC
 To undertake an inquiry or cause an inquiry or investigation to
be made into any transaction in which a public servant working
in any organization, to which the executive control of the
Government of India extends, is suspected or alleged to have acted
for an improper purpose or in a corrupt manner.
 Tender independent and impartial advice to the disciplinary
and other authorities in disciplinary cases having vigilance angle
at different stages of investigation, inquiry, appeal, review, etc.
 Conduct oral inquiries through its officers [Commissioners for
Departmental Inquiries] in important disciplinary proceedings
against the said public servants.
 Exercise a general check and supervision over vigilance and
anticorruption work in Ministries or Departments of the
Government of India and other organizations to which the
executive control of the Union extends.
 Powers and Functions of CVC
Scrutinize and approve proposals for appointment of Chief
Vigilance Officers in various organizations and assess their work.

Conduct, through its organization of Chief Technical

Examiners, independent technical examination mainly from
vigilance angle, of construction and other related works undertaken
by various Central Government organizations.

Organize training courses for the Chief Vigilance Officers and

other vigilance functionaries in Central Government organizations.
 Central Vigilance Commission’s Jurisdiction
For practical reasons, the Commission presently advises only on
vigilance cases pertaining to the following categories of employees:

Gazetted Central Government officials.

Two levels below the Board level appointees in the public
sector undertakings of the Central Government.
Manager and above in the Insurance SecOfficers of the rank of
Scale- III and above in the public sector banks.
Officers of the rank of Assistant tor (covered by LIC and GIC)
Officers in autonomous bodies/local authorities or societies
comparable in status to that of a Gazetted Central
Government officer.
 Multi Member Commission
The Ordinance envisaged the Commission to be a multi-member
commission, consisting of the Central Vigilance Commissioner
(Chairman) and not more than four Vigilance Commissioners as
its members.

The appointments of the CVC and the Vigilance Commissioner

(VC) were to be made by the President by warrant under his hand
and seal on the recommendations of a committee consisting of:

 The Prime Minister

 The Minister of Home Affairs
 Leader of the Opposition in the House of People
 Commission’s Staff of CVC
The Central Vigilance Commission is assisted by a Secretary,
who is of the rank of Additional Secretary to the Government of
India
Two Additional Secretaries, who are of the rank of Joint
Secretary to the Government of India.
10 Officers of the rank of Directors/Deputy Secretaries
Four Under Secretaries and other staff.
In addition, there are fourteen officers, designated as
Commissioners for Departmental Inquiries (CDIs), who are
nominated to conduct departmental inquiries relating to major
penalty proceedings on behalf of the disciplinary authorities in
serious and important disciplinary cases.
 Technical Wing of CVC
Two Chief Technical Examiners of the rank of
Chief Engineers.

Eight Technical Examiners of the rank of

Executive Engineers.

 Six Assistant Technical Examiners of the

rank of Assistant Engineers and other
subordinate staff.
 Chief Technical Examiners' Wing (CTE)
Chief Technical Examiner's Organisation constitutes the technical wing
of the Central Vigilance Commission (India) and is managed by two
Engineers of the rank of Chief Engineers (designated as Chief Technical
Examiners) with supporting engineering staff. The main functions
assigned to this organisation are:
Technical audit of construction works of Governmental
organisations from a vigilance angle;
Investigation of specific cases of complaints relating to
construction works;
Extension of assistance to CBI in their investigations involving
technical matters.
Tendering of advice/assistance to the Commission and Chief
Vigilance Officers in vigilance cases involving technical matters.
Central Bureau of Investigation
(CBI)
 MISSION OF CBI:

To uphold the Constitution of India and law of the

land through in-depth investigation and successful
prosecution of offences.

To provide leadership & direction to police forces and

to act as the Nodal Agency for enhancing inter-state &
international cooperation in law enforcement.
 VISION OF CBI
Combating corruption in public life, curb economic and
violent crimes through meticulous investigation and
prosecution.

Evolve effective systems and procedures for successful

investigation and prosecution of cases in various law courts.

Help fight cyber and high technology crime.

Create a healthy work environment that encourages team-

building, free communication and mutual trust.
 VISION OF CBI
Support state police organizations and law enforcement
agencies in national and international cooperation
particularly relating to enquiries and investigation of
cases.

Play a lead role in the war against national and

transnational organized crime.

Uphold Human Rights, protect the environment, arts,

antiques and heritage of our civilization.
 Roles and Functions of CBI
The services of its investigating officers are sough for all major
investigations in the country. It was constituted under the
following six heads:
1. Investigation and Anti-Corruption
2. Technical Division
3. Crime Records and Statistics Division
4. Research Division
5. Legal and General Division
6. Administrative Division
 Investigation and Anti-Corruption
Cases in which public servants under the control of the Central
Government are involved either by themselves or along with State
Government servants and or other persons.
Cases in which the interests of the Central Government or of any public
sector project or undertaking, or any statutory corporation or body set up
and financed by the Government of India are involved.
Cases relating to breaches of Central Laws with the enforcement of which
the Government of India is particularly concerned, e.g.

a) Breaches of Import and Expert Control orders.

b) Serious breaches of Foreign Exchange Regulation Act.
c) Pass port frauds.
d) Cases under the Official Secrets Act pertaining to the affairs of the
Central Government.
e) Cases of certain specified categories under the Defense of India Act or
Rules with which the Central Government is particularly concerned.
 Investigation and Anti-Corruption
Serious cases of cheating or fraud relating to the
Railways, or Posts and Telegraphs Department,
particularly those involving professional criminals
operating in several States.
Crime on the High Seas
Crime on the Airlines
Important and serious cases in Union Territories
particularly those by professional criminals.
Serious cases of fraud, cheating and embezzlement
relating to Public Joint Stock Companies.
Collection of intelligence about corruption in the
public service and projects and undertakings in the
public sector.
 Functions of the Technical
Division
Technical assistance in investigation of cases involving
accounts.
Specialized assistance in cases involving Railway and
Postal accounts.
Assistance in cases involving assessment of Income-Tax,
Excise Duty etc.
Examination of accounts and assets etc., in cases relating
to allegations of disproportionate assets.
Examination of cases investigated by the Bureau which
have an Income-Tax aspect, and communication of
information with a view to enabling the Income-Tax
Department to recover the evaded tax.
 Crime Records and Statistics Division
Maintenance of All-India Statistics of crime.
Study of All-India trends in thefts and losses, and
recoveries of firearms and ammunition, and note
forgery and counterfeit coining.
Collection and dissemination of information
about important Inter-State criminals.
Preparation and circulation of reports and
reviews relating to crime in India.
 Functions of Research Division
Trends and causes of serious crimes in different areas.
Preventive measures, their effectiveness and relationship
with crime.
Improvement in methods of investigation, utility and
results of introducing scientific aids and equipment.
Inadequacy of laws; co-ordination of laws relating to
crime in various States.
Crime amongst the Tribal people
Inter-state note-forgery and counterfeiting.
Social factors in crime.
Industrialization and crime.
Kidnapping of women and children.
 Functions of Legal and General Division:-
Legal Division

Legal advice in cases investigated by the

investigation and Anti-Corruption Division.
Conducting prosecution in important cases.
Review of judicial decisions relating to criminal
law and procedure for publication in the Central
Bureau of Investigation Gazette.
Amendments to laws.
Co-ordination of laws relating to crime in
various States.
 Functions of Legal and General Division:-
General Division
Matters relating to organization, policy and procedure.
Inter-State conference relating to crime and anti-corruption
work.
Appreciation reports regarding modes of corruption in
various Government Departments and Public Undertakings.
Correspondence with Ministers and States on general
questions relating to Policy, procedure, etc.
Training Courses in Anti-corruption work.
Photographic section.
 Administration Division
CBI investigations have a major impact on the political and
economic life of the Nation. The following broad categories
of criminal cases are handled by the CBI:
1. Anti Corruption Division: -Deals with cases related to
corruption and frauds by a central government employees
2. Economic Crimes Division:- Deals with Financial
frauds, bank frauds, foreign exchange violations, import
export, cultural property, smuggling etc.
3. Special Crimes Division:- Deals with Bomb blasts,
kidnapping, terrorism etc.