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Existed earlier, revised in 1987 A very broad definition of public servants, to whom it applies In case of conviction, imprisonment from 6 months to 7 years Any one with assets disproportionate to his income commits criminal misconduct Members of legislatures are covered, according to the Supreme Court
Set up in 1964 as the apex organization for maintaining probity in public life Causes complaints to be enquired into Monitors/conducts disciplinary proceedings involving corruption Prior to 1998, not much teeth Advising not binding on the government, however disagreement cases mentioned in annual report, placed before parliament
Each ministry/organization has a CVO, appointed after clearance from the CVC The CVO reports (for most matters) to the CVC Monitors and takes action on irregularities in the organization, and reports them to the CVC All cases of suspected corruption referred to him
Intimation about all moveable/immoveable property required at the time of joining civil service No acquisition of immoveable property without previous knowledge of govt. Every transaction exceeding Rs. 15000 ($300) to be informed of within a month Annual return in respect of immoveable property
CBI not really independent. The govt. could bring in new officers, or shift out inconvenient ones, at will Nothing at the disposal of CVC to enable it to exercise authority. It could not ask the CBI to investigate an alleged offence Single Directive: No investigation could be started against officers above a certain level
Directions issued in a public interest case, seeking investigation against certain high functionaries of the government Recommendations of a govt. committee adopted by the court CVC to be made statutory Single directive struck down (violated the fundamental right to equality)
Time limit fixed for sanction for prosecution CBI to report to CVC for corruption cases Chief Vigilance Commissioner to be appointed by a committee with the leader of opposition as a member CBI Director, and other senior officers to be appointed (deputed) by a committee headed by the CVC
The CBI definitely has much more independence. There have been instances of the govt. wanting to shift out officers but not succeeding The CVC now plays a more important role. It has the services of CBI at its disposal However, there is not much change in the disposal of work by the CBI. Not much change in the investigations completed
Effect (continued)
There is no significant improvement in the no. of CBI cases disposed of in courts The major cases are still not disposed of; for eg. Bofors, HDW Submarine case etc. No changes in states. Far more important as the states employ a lot more civil servants
Similar changes are required in the states. The situation there is much more alarming. For example the average conviction rate in anti-corruption cases there: 30%, compared to CBIs 70% The Supreme Court had asked the center to advise the states in this regard. The advice has not been heeded
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