Showing posts with label TNPSC Constitution. Show all posts
Showing posts with label TNPSC Constitution. Show all posts

Central Vigilance Commission (CVC)

11:37 1 Comment

1.      Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption.
2.      It was set up by the Government of India in February, 1964 on the recommendations of K. Santhanam Committee.
3.      Nittoor Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.
Organization:
4.      The Commission shall consist of:
a.       A Central Vigilance Commissioner - Chairperson;
b.      Not more than two Vigilance Commissioners - Members
5.      The current Central Vigilance Commissioner is Mr. K.V. Chowdary, and among the two Vigilance Commissioners, one is Mr. Rajiv and the other is Shri T.M. Bhasin
Appointment and Removal:
6.      The Central Vigilance Commissioner and the Vigilance Commissioners are appointed by the President after obtaining the recommendation of a Committee consisting of The Prime Minister of India (Chairperson), The Minister of Home Affairs and The Leader of the opposition party in parliament.
7.      The Central Vigilance Commissioner or any Vigilance Commissioner can be removed from his office only by order of the President on the ground of proved misbehavior or incapacity after any reference made by Supreme Court.
Powers and Functions
8.      To exercise superintendence over the functioning of the Delhi Special Police Establishment (DSPE) with respect to investigation under the Prevention of Corruption Act, 1988; or offence under CRPC for certain  categories of public servants and to give directions to the DSPE for purpose of discharging this responsibility;
9.      To review the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act;
10.  To undertake an inquiry or cause an inquiry or investigation to be made into any transaction in which a public servant working in any organisation, 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;
11.  To tender independent and impartial advice to the disciplinary and other authorities in disciplinary cases, involving vigilance angle at different stages i.e. investigation, inquiry, appeal, review etc.;
12.  To exercise a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organizations to which the executive power of the Union extends; and
13.  To chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE.
14.  To undertake or cause an inquiry into complaints received under the Public Interest Disclosure and Protection of Informer and recommend appropriate action.
Limitations
  1. CVC is only an advisory body. Central Government Departments are free to either accept or reject CVC's advice in corruption cases.
  2. CVC does not have adequate resources compared with number of complaints that it receives. It is a very small set up with sanctioned staff strength of 299. Whereas, it is supposed to check corruption in more than 1500 central government departments and ministries
  3. CVC cannot direct CBI to initiate inquiries against any officer of the level of Joint Secretary and above on its own. Such permission has to be obtained from the concerned department.
  4. CVC does not have powers to register criminal case. It deals only with vigilance or disciplinary cases.


Comptroller and Auditor General (CAG) of India

11:33 Add Comment
Comptroller and Auditor General (CAG) of India


Nominator

Prime Minister of India

Appointer

President of India

Term

6 yrs or up to 65 yrs of age
(whichever is earlier)

Article

Article 148 of the Constitution of India

Inaugural holder

V. Narahari Rao

 

1.      The Comptroller and Auditor General (CAG) of India is an authority, established by the Constitution under Constitution of India/Part V Chapter V/Sub-part 7B/Article 148, who audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government.
2.      The CAG is also the external auditor of Government-owned corporations and conducts supplementary audit of government companies, i.e., any non-banking/ non-insurance company in which Union Government has an equity share of at least 51 per cent or subsidiary companies of existing government companies.
3.      The reports of the CAG are taken into consideration by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures.
4.      The CAG is also the head of the Indian Audit and Accounts Department, the affairs of which are managed by officers of Indian Audit and Accounts Service, and has over 58,000 employees across the country.
5.      The CAG is mentioned in the Constitution of India under Article 148 – 151.
6.      The CAG is ranked 9th and enjoys the same status as a judge of Supreme Court of India in Indian order of precedence.
7.      The current CAG of India is Sri. G.C Murmu who was appointed on 8th August 2020. He is the 14th CAG of India.
8.      The Comptroller and Auditor-General of India is appointed by the President of India following a recommendation by the Prime Minister. On appointment, he/she has to make an oath or affirmation before the President of India.
9.      Duties of the CAG
·         As per the provisions of the constitution, the CAG’s (DPC) (Duties, Powers and Conditions of Service) Act, 1971 was enacted. As per the various provisions, the duties of the CAG include the audit of:
i.                    Receipts and expenditure from the Consolidated Fund of India and of the State and Union Territory having legislative assembly.
ii.                  Trading, manufacturing, profit and loss accounts and balance sheets, and other subsidiary accounts kept in any Government department; Accounts of stores and stock kept in Government offices or departments.
iii.                Government companies as per the provisions of the Companies Act, 1956.
iv.                Corporations established by or under laws made by Parliament in accordance with the provisions of the respective legislation.
v.                  Authorities and bodies substantially financed from the Consolidated Funds of the Union and State Governments. Anybody or authority even though not substantially financed from the Consolidated Fund, the audit of which may be entrusted to the C&AG.
vi.                Grants and loans given by Government to bodies and authorities for specific purposes.

vii.              Entrusted audits e.g. those of Panchayati Raj Institutions and Urban Local Bodies under Technical Guidance & Support (TGS)


Reference: WIKIPEDIA