Question
Download Solution PDFWho among the following has the power to remove the Central Vigilance Commissioner?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is President.
Key Points
- The Central Vigilance Commissioner (CVC) can be removed from office only by the President of India.
- The removal process follows the provisions laid out in the Central Vigilance Commission Act, 2003, and Article 311 of the Constitution of India.
- The President can remove the CVC on the grounds of proven misbehavior or incapacity after an inquiry conducted by the Supreme Court or a committee designated for the purpose.
- A resolution for removal must first be passed by both Houses of Parliament with a majority, ensuring a robust and impartial process.
- The CVC is an independent statutory authority created to supervise vigilance administration and prevent corruption in the central government.
Additional Information
- Central Vigilance Commission (CVC):
- Established in 1964 by an executive resolution based on the recommendations of the Santhanam Committee on Corruption Prevention.
- Became a statutory body through the Central Vigilance Commission Act, 2003.
- The CVC consists of a Central Vigilance Commissioner and not more than two Vigilance Commissioners.
- The CVC’s primary role is to oversee vigilance activities and advise central government organizations on vigilance matters.
- Appointment of CVC:
- The CVC is appointed by the President on the recommendation of a three-member committee consisting of the Prime Minister, the Union Minister of Home Affairs, and the Leader of the Opposition in the Lok Sabha.
- The tenure of the CVC is four years or until the age of 65 years, whichever is earlier.
- Article 311 of the Constitution:
- This article provides protection to civil servants, ensuring they are not dismissed or removed from service by an authority subordinate to the one that appointed them.
- It also guarantees that an inquiry is conducted before any dismissal or removal.
- Role of the President in Removal:
- The President acts based on the inquiry report and the recommendation of the Parliament.
- This ensures that the process of removal is fair and impartial, safeguarding the integrity of the office.
Last updated on Jul 4, 2025
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