⚖️ Chapter 02 · Topic 04 · Constitutional Bodies

CVC & CBI

Central Vigilance Commission (CVC Act 2003) and Central Bureau of Investigation (DSPE Act 1946) — composition, functions, and key facts.

🔎 CVC — Central Vigilance Commission

Established by executive order in 1964 on the recommendation of the Santhanam Committee on Prevention of Corruption
Given statutory status by the Central Vigilance Commission Act, 2003
India’s apex anti-corruption body
Composition: Central Vigilance Commissioner (CVC) + 2 Vigilance Commissioners
Appointed by the President on the recommendation of a High-Level Committee: Prime Minister + Home Minister + Leader of Opposition in Lok Sabha
Tenure: 4 years or 65 years of age, whichever is earlier
Not eligible for reappointment
Removal: by the President on grounds of proved misbehaviour or incapacity (after SC inquiry)

📋 Functions of CVC

Exercises superintendence over the CBI in matters relating to the Prevention of Corruption Act
Advises the Central Government on matters relating to maintenance of integrity in administration
Reviews progress of investigations conducted by the CBI and other agencies
Exercises superintendence over the vigilance administration of various Central Government ministries and departments
Recommends action against government servants found guilty of corruption
Publishes an Annual Report on its activities
CVC is a multi-member body — unlike the single-member Lokpal

⭐ CVC vs Lokpal: The Lokpal and Lokayuktas Act, 2013 established the Lokpal at the national level and Lokayuktas at the state level. The Lokpal has jurisdiction over the Prime Minister, Ministers, Members of Parliament, and Group A, B, C, D officers of the Central Government. The CVC has jurisdiction over Central Government employees (Group A and B). The Lokpal can direct the CBI to investigate cases. The first Lokpal was Justice Pinaki Chandra Ghose (2019).

🔍 CBI — Central Bureau of Investigation

Established under the Delhi Special Police Establishment (DSPE) Act, 1946
The CBI is not a constitutional body — it is a statutory body under the DSPE Act
Operates under the Ministry of Personnel, Public Grievances and Pensions
Headed by a Director — appointed by the President on the recommendation of a committee (PM + CJI + Leader of Opposition in Lok Sabha)
Director’s tenure: 2 years (minimum) — protected from arbitrary removal
CBI can investigate cases only with the consent of the State Government (for state subjects) or on the orders of the Supreme Court or High Court
Called the “India’s premier investigating agency”

📋 Functions of CBI

Investigates cases of corruption and bribery involving Central Government employees
Investigates economic offences — bank frauds, financial crimes, import-export violations
Investigates special crimes — terrorism, bomb blasts, sensational murders, kidnapping
Coordinates with Interpol for international investigations
Maintains the National Central Bureau of Interpol in India
CBI can take up cases suo motu only in Union Territories

📌 CBI Jurisdiction Issue: The CBI requires the consent of the State Government to investigate cases in that state (for state subjects). Several states have withdrawn general consent to CBI investigations — including West Bengal, Maharashtra, Kerala, Rajasthan, Jharkhand, Chhattisgarh, and Mizoram. This means the CBI cannot enter these states to investigate without specific case-by-case consent. However, the Supreme Court can direct CBI to investigate cases in any state regardless of consent.

✅ Revision Checklist

✅ CVC = established 1964 = statutory status by CVC Act 2003
✅ CVC = apex anti-corruption body = CVC + 2 Vigilance Commissioners
✅ CVC appointment = President on recommendation of PM + Home Minister + Leader of Opposition
✅ CVC tenure = 4 years or 65 years = not eligible for reappointment
✅ CVC exercises superintendence over CBI in corruption cases
✅ CBI = DSPE Act 1946 = statutory body = Ministry of Personnel
✅ CBI Director = appointed by President = committee: PM + CJI + Leader of Opposition
✅ CBI Director tenure = minimum 2 years
✅ CBI needs state consent to investigate state subjects
✅ Lokpal = Lokpal Act 2013 = first Lokpal = Justice Pinaki Chandra Ghose (2019)