CVC Current Affairs - 2019
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The Supreme Court of India has reinstated CBI director Alok Kumar Verma, setting aside the Centre’s order to divest him of his powers. The Supreme Court has restrained him from taking any major policy decision till the CVC probe into corruption charges against him is over.
Observations made by the Supreme Court
The Supreme Court has further asked the high-powered committee which selects and appoints the CBI director to take any further decisions once the CVC submits its report after the probe.
The selection committee of the CBI director comprises the Prime Minister, the leader of opposition and the Chief Justice of India.
There is no provision in the law which permits the government to divest the CBI director of his powers and functions without prior consent from the high powered select committee.
Supreme Court cited the Vineet Narain verdict of 1997 where the Supreme Court underlined the fact that the tenure of the CBI director had been fixed to two years after the Delhi Special Police Establishment (DSPE) Act.
Vineet Narain verdict of 1997
The Supreme Court had delivered a landmark verdict in the case of Vineet Narain vs Union of India case, popularly known as the Jain hawala case. The Supreme Court in its verdict had pronounced measures to shield the CBI director from outside interference and make the director’s post more transparent. The measures are:
- The CBI director shall have a minimum tenure of two years, regardless of the date of his superannuation.
- The Central Vigilance Commission (CVC) shall be responsible for the efficient functioning of CBI.
- The transfer of an incumbent Director, CBI in an extraordinary situation, including the need for him to take up a more important assignment, should have the approval of the selection committee.
The Supreme Court had laid down these measures recognising the need to provide permanent insulation to agencies such as CBI against extraneous influences to enable them to discharge their duties in the manner required for proper implementation of the rule of law.
President Ram Nath Kovind has appointed former National Investigation Agency (NIA) chief Sharad Kumar (62) as vigilance commissioner in Central Vigilance Commission (CVC). He will have term of four years or till he attains the age of 65. Sharad Kumar was IPS officer 1979-batch from Haryana cadre. He had retired in September 2017 after heading NIA for over four years.
Central Vigilance Commission (CVC)
CVC is an apex probity watchdog of Union Government formed to address governmental corruption. It was set up by Central Government in February 1964 on the recommendations of K. Santhanam Committee on Prevention of Corruption. It has status of statutory autonomous body and free of control from any executive authority as per the provisions of Central Vigilance Commission (CVC) Act, 2003.
Functions: It monitors all vigilance activity under Union Government and advises various authorities in Union Government organizations in planning, executing, reviewing and reforming their vigilance work. Union Government has authorized CVC as “Designated Agency” to receive written complaints for disclosure on any allegation of corruption or misuse of office and recommend appropriate action.
Composition: CVC is headed by Central Vigilance Commissioner and has two Vigilance Commissioners. They are appointed by President on recommendations of select committee comprising of Prime Minister as Chairperson, Union Minister of Home Affairs and Leader of second largest party in Lok Sabha or majority group leader in parliament.