CVC to question overlap with Lokpal,its new role

It is expected to make the case that it is an effective anti-corruption organisation with high standards of integrity which functions well despite no punitive powers as envisaged for the Lokpal.

It’s learnt that the CVC will highlight the more existential issue arising from the fact that the draft Lokpal Bill brings all Group A officers under the Lokpal’s ambit.

According to relevant sections of Chapter 3 of the CVC act,the commission can “inquire or cause an inquiry or investigation against to be made into any complaint against any official belonging to such category of officials specified in sub section (2) wherein it is alleged that he has committed an offence under Prevention of Corruption Act,1988..”.

The first category in sub section (2) is members of all-India services serving in connection with affairs of the Union and Group A officers of the Central government. The second lot belong to government companies,corporations formed under a central act or societies and authorities controlled by central government.

Sources said the principal issue is the overlap on higher bureaucracy with the proposed Lokpal.

While not questioning the rationale behind creating an all-encompassing Lokpal,sources said,the CVC will seek clarity from the committee on its role and whether this would mandate an amendment to the CVC Act to avoid confrontation.

The CVC is expected to point out that it has an elaborate governance architecture of vigilance officers across departments to look into complaints and recommend further course of action. The Commission also enjoys superintendence over the CBI and the Enforcement Directorate for its investigative purposes.

In the context of the proposed Lokpal,sources said,the CVC will underline that this could make this entire system redundant. And if the suggestion in the Jan Lokpal Bill of bringing the anti-corruption wing of the CBI under the Lokpal is to be accepted,then CVC’s superintendence over the CBI may have to be removed.

The CVC also plans to underline the high integrity standards set out in its Act. The most important being that neither the Central Vigilance Commissioner nor any of the Vigilance Commissioners can on retirement take up any “diplomatic assignment,appointment as administrator of Union Territory and such other assignment or appointment which is required by law to be made by the President by warrant under his hand and seal”.

The Act also debars employment of the CVC and VCs in any office of profit by Central or State government. The Commission’s argument,sources said,is to counter the point of the view that the Lokpal Bill sets higher standards of integrity.