Company Rule Period (1773–1858)

• Regulating Act of 1773: Prohibited the servants of the East India Company from engaging in any private trade or accepting presents or bribes from the “natives”.
• Charter Act of 1833: Attempted to introduce a system of open competition for the selection of civil servants and stated that Indians should not be debarred from holding any place, office, or employment under the Company. However, this provision was negated after opposition from the Court of Directors.
• Charter Act of 1853:
  • Introduced an open competition system for the selection and recruitment of civil servants.
  • Threw open the covenanted civil service (the higher civil services created by a law of the Company, as distinguished from the lower uncovenanted civil service) to Indians.
  • Led to the appointment of the Macaulay Committee (the Committee on the Indian Civil Service) in 1854.

Crown Rule Period (1858–1947)

• Government of India Act of 1858:
  • Vested complete authority and control over Indian administration in the newly created office of the Secretary of State for India, assisted by a 15-member Council of India.
  • Primarily focused on improving the administrative machinery in England through which the Indian government was supervised and controlled, without substantially altering the system of government prevailing within India.
• Indian Councils Act of 1861: Gave official recognition to the “portfolio” system introduced by Lord Canning in 1859, under which a member of the Viceroy’s council was placed in charge of one or more government departments and authorized to issue final orders on behalf of the council.
• Indian Councils Act of 1909: Associated Indians with the executive councils of the Viceroy and Governors for the first time, leading to Satyendra Prasad Sinha becoming the first Indian appointed as the law member of the Viceroy’s Executive Council.
• Government of India Act of 1919:
  • Provided for the establishment of a public service commission.
  • Set up the Central Public Service Commission in 1926 for recruiting civil servants, following the recommendations of the Lee Commission on Superior Civil Services in India (1923–24).
• Government of India Act of 1935:
  • Provided for the establishment of a Federal Public Service Commission, Provincial Public Service Commissions, and Joint Public Service Commissions for two or more provinces.
  • Served as the direct historical and structural source for the Public Service Commission provisions and administrative details incorporated into the Constitution of India.
• Indian Independence Act of 1947: Discontinued future appointments to the civil services and the reservation of posts by the Secretary of State for India, while guaranteeing that members of the civil services appointed before August 15, 1947, would continue to receive all existing entitled benefits.

Post-Independence Constitutional Transition and Heritage

• Reorganisation of the Services (1947–1966):
  • In 1947, the Indian Civil Service (ICS) was replaced by the Indian Administrative Service (IAS).
  • The Indian Police (IP) was replaced by the Indian Police Service (IPS).
  • Both the IAS and IPS were recognized by the Constitution as All-India Services.
  • In 1963, the Indian Forest Service (IFS) was created, formally coming into existence in 1966 as the third All-India Service.
• Cabinet Secretariat and Head of Civil Services: The office of the Cabinet Secretary was created in 1950, with N.R. Pillai serving as the first Cabinet Secretary. The Cabinet Secretary became the senior-most civil servant in India and the ex-officio Chairman of the Civil Services Board.
• Prime Minister’s Secretariat/Office: Originating in 1947 as the Prime Minister’s Secretariat (PMS), it housed selected officers of the civil services assisting the Prime Minister, and was later renamed the Prime Minister’s Office (PMO) in 1977 under the Morarji Desai ministry.

Constitutional Framework and Form of the State

• Constitutional Domain: Articles 52 to 78 in Part V of the Indian Constitution deal specifically with the “Union Executive”.
• Nature of the Executive: The Constitution provides for a collegiate executive, namely the Council of Ministers under the leadership of the Prime Minister.
• Definition of Executive: It is defined as a body of persons having authority to initiate major policies, make decisions, and implement them based on the Constitution and the laws of the country.
• Republican vs. Monarchical/Presidential Structure:
  • Unlike England, where a hereditary monarch (Queen or King) serves as head of State, India has an elected President as the head of State with a fixed tenure.
  • Unlike the President of the USA, who wields de-facto (real, functional) executive powers, the President of India is not vested with direct executive responsibilities; direct executive responsibilities are assigned to the Council of Ministers led by the Prime Minister.
• Organs: The Union Government operates through two central organs: the Union Legislature (Union Parliament) and the Union Executive.
• Composition: The Union Executive consists of:
  • The President of India
  • The Vice-President of India
  • The Council of Ministers and the Cabinet, headed by the Prime Minister

The President of India

• Constitutional Position:
  • Article 52 provides that there shall be a President of India.
  • Article 53 vests the executive power of the Union in the President, to be exercised by him directly or indirectly.
  • The President is the Head of the Indian State, the First Citizen of India, and the symbol of unity, integrity, and solidarity of the nation.
  • The President is the nominal (de jure or titular) executive, while the Prime Minister is the real (de facto) executive.
  • The President is the supreme head of all constitutional wings of the State (Legislature, Executive, Judiciary, and Armed Forces), supervising functions and ensuring adherence to the Constitution.
• Qualifications for Election (Article 58):
  • Must be a citizen of India.
  • Must have completed the age of 35 years.
  • Must be qualified for election as a member of the Lok Sabha.
  • Must not hold any office of profit under the Government of India, the government of any state, or under any local or other authority subject to the control of the said governments.
• Nomination Requirements:
  • Must be subscribed by at least 50 electors as proposers and 50 electors as seconders from the Electoral College.
  • Requires a security deposit of Rs. 15,000 in the Reserve Bank of India, which is forfeited if the candidate fails to secure 1/6th of the votes polled.
• Electoral College Composition:
  • The President is elected indirectly by an Electoral College consisting of:
    • Elected members of both Houses of Parliament.
    • Elected members of the Legislative Assemblies of the States.
    • Elected members of the Legislative Assemblies of the Union Territories of Delhi and Pondicherry.
• Election System & Electoral Quota:
  • Election is conducted in accordance with proportional representation by means of a single transferable vote with voting by secret ballot.
  • $\text{Electoral Quota} = \left(\frac{\text{Total number of valid votes polled in the election}}{\text{Number of electors to be elected} + 1}\right) + 1$.
  • Voters indicate preferences (1, 2, 3, 4, etc.) on a single ballot paper.
  • If a candidate does not obtain the quota in the first phase, ballots of the candidate with the lowest first-preference votes are cancelled and their second-preference votes transferred until a candidate reaches the required quota.
• Oath or Affirmation:
  • The President swears to faithfully execute the office, preserve, protect, and defend the Constitution and the law, and devote himself to the service and well-being of the people of India.
  • Administered by the Chief Justice of India, or in his absence, the senior-most judge of the Supreme Court.
• Entitlements and Immunities:
  • Entitled to the rent-free official residence (Rashtrapati Bhavan, New Delhi) and emoluments, allowances, and privileges determined by Parliament.
  • Enjoys personal immunity from legal liability for official acts and complete immunity from criminal proceedings during the term of office.
• Term, Resignation, and Removal:
  • Holds office for a term of 5 years from the date of entering office (Article 56).
  • Can resign at any time by addressing the resignation letter to the Vice-President.
  • Can hold office beyond 5 years until a successor assumes charge, and is eligible for re-election.
  • Impeachment (Article 61):
    • Can be removed for violation of the Constitution through impeachment.
    • Charges must originate in either House of Parliament via a resolution signed by at least 1/4th of the total members of the House, following a 14-day advance notice.
    • Must be passed by a majority of not less than 2/3rds of the total membership of the originating House.
    • The second House investigates the charge; if passed by that House by a 2/3rd majority of its total membership, the President stands removed from the date of passing.
• Vacancy and Succession:
  • Vacancy arises from: expiry of the 5-year tenure, resignation, removal by impeachment, death, or disqualification/election declared void.
  • Election to fill a vacancy due to death, resignation, or removal must be held within six months.
  • The Vice-President acts as President until a new President is elected, or discharges functions during temporary absence or illness.
  • If the office of the Vice-President is also vacant, the Chief Justice of India acts as President; if vacant too, the senior-most judge of the Supreme Court acts as President.
  • Anyone acting as President enjoys all powers, immunities, emoluments, and allowances of the President.
• Powers and Functions of the President:
  • Executive Powers:
    • Runs all administration in his name, making rules for government business transactions and allocation of work among ministers.
    • Appoints the Prime Minister, ministers, State Governors, Supreme Court and High Court judges, and members to constitutional bodies.
    • Holds supreme command of the Defence Forces; declares war in his name.
    • Maintains foreign relations; ambassadors and high commissioners act as his representatives.
    • Receives information of all important Cabinet decisions and can refer any matter for Cabinet consideration.
    • Approves rules/regulations for the working of the Supreme Court and other independent agencies.
    • Sends instructions to state governments and invokes constitutional machinery under Article 356.
  • Legislative Powers:
    • Summons and prorogues Parliament and can dissolve the Lok Sabha.
    • Convenes joint sessions of the Lok Sabha and Rajya Sabha to resolve deadlocks on non-money/non-amendment bills.
    • Delivers inaugural addresses to Parliament at the start of the first session each year and sends messages.
    • Nominates 12 members to the Rajya Sabha (literature, science, art, social service) and 2 Anglo-Indians to the Lok Sabha.
    • Appoints a presiding officer pro tem in the Lok Sabha.
    • Gives prior sanction for introducing specific bills and exercises veto power over non-money bills (absolute and suspensive vetoes).
    • Promulgates ordinances (Article 123) when Parliament is not in session for up to six months.
    • Causes presentation of reports of various commissions (like CAG audit reports) before Parliament.
    • Exercises absolute veto power over State legislation in certain cases.
  • Financial Powers:
    • Prior recommendation required to introduce money bills in the Lok Sabha.
    • Controls the Contingency Fund of India.
    • Causes the annual financial statement (budget) to be presented to Parliament.
    • Appoints the Finance Commission every five years (Article 280).
    • Determines grants-in-aid in lieu of jute export duty to Assam, Bihar, Odisha, and West Bengal, and allocates shares of income tax proceeds to States.
  • Judicial Powers:
    • Grants pardons, reprieves, respites, remissions, or suspends/commutes sentences via the prerogative of mercy (Article 72).
    • Appoints the Chief Justice of India and other judges of the Supreme Court and High Courts.
    • Can consult the Supreme Court on questions of law or fact under advisory jurisdiction (Article 143), though the advice is non-binding.
  • Emergency Powers (Part XVIII):
    • National Emergency (Article 352): Proclaimed on grounds of war, external aggression, or armed rebellion.
    • President’s Rule / State Emergency (Articles 356 and 365): Imposed when the constitutional machinery of a state breaks down or when a state fails to comply with union directions.
    • Financial Emergency (Article 360): Declared if the financial stability or credit of India is threatened.
  • Miscellaneous Powers:
    • Determines the strength of High Court judges.
    • Makes rules for the composition and working of the Union Public Service Commission.
    • Establishes the Official Languages Commission.
    • Issues special regulations for Jammu and Kashmir and special rules/administration for Scheduled and Tribal Areas and Union Territories.
    • Allows extension, modification, or abrogation of law for ports and aerodromes.

The Vice-President of India

• Constitutional Basis: Patterned on the Constitution of the USA, provided under Article 63, occupying the second highest office in the country.
• Election: Elected by the members of both Houses of Parliament through secret ballot based on proportional representation by means of a single transferable vote.
• Qualifications:
  • Must be an Indian citizen.
  • Must have completed 35 years of age.
  • Must be eligible for election as a member of the Rajya Sabha.
  • Must not hold any office of profit.
• Term and Removal:
  • Term of office is 5 years.
  • Can resign voluntarily before completion of term by addressing a resignation letter to the President.
  • Can be removed by a resolution initiated exclusively in the Rajya Sabha passed by an absolute/special majority and agreed to by the Lok Sabha by a simple majority, requiring 14 days’ advance notice.
• Functions and Duties:
  • Acts as the ex-officio Chairman of the Rajya Sabha (Article 64), presiding over meetings and exercising powers similar to the Speaker of the Lok Sabha.
  • Draws salary as Chairman of the Rajya Sabha; the office of Vice-President itself carries no salary.
  • Acts as President during vacancies caused by death, resignation, removal, or illness for a period not exceeding six months, during which he receives presidential salary, allowances, and emoluments, and does not perform the duties of the Rajya Sabha Chairman.
• Constitutional Articles: Articles 63 to 70 deal specifically with the Vice-President.

The Prime Minister

• Role and Position:
  • Head of the Government, while the President is Head of the State.
  • Described by Lord Morley as “primus inter pares” (first among equals) and the “key stone of the Cabinet arch”.
  • Political head of the politico-administrative realm.
• Appointment (Article 75):
  • Appointed by the President; there is no direct election for the post.
  • The President must appoint the leader of the majority party or coalition commanding a majority in the Lok Sabha.
  • In a hung Parliament, the President exercises discretion to appoint the individual most likely to secure majority support.
  • Can belong to either House of Parliament, but is responsible strictly to the Lok Sabha.
  • Holds no fixed tenure; remains in power as long as he enjoys the majority confidence of the Lok Sabha.
• Functions and Pre-eminence:
  • Prepares the list of ministers for appointment by the President.
  • Advises the President on portfolio allocation and reshuffles.
  • Can bifurcate, trifurcate, or amalgamate government departments.
  • Exercises discretionary power to designate a Deputy Prime Minister.
  • Summons and presides over Cabinet meetings as its Chairman.
  • Serves as Chairman of bodies such as the Inter-State Council, Nuclear Command Authority, and NITI Aayog.
  • Coordinates policy and exercises supervision over all departments.
  • Serves as the sole channel of communication between the President and the Ministers, and between the Parliament and the Ministers (Article 78).
  • Serves as the chief spokesperson of the government in foreign affairs.
  • His death or resignation automatically causes the dissolution/collapse of the entire Council of Ministers.

Prime Minister’s Office (PMO)

• Status and History:
  • An extra-constitutional body with the status of a department of the Government of India, created to provide secretarial assistance and advice.
  • Established in 1947 as the Prime Minister’s Secretariat (PMS); renamed Prime Minister’s Office in 1977 under the Morarji Desai ministry.
• Leadership: Headed politically by the Prime Minister and administratively by the Principal Secretary.
• Key Functions:
  • Assists the Prime Minister in maintaining communications with central ministries, departments, and state governments.
  • Assists in responsibilities as Chairman of NITI Aayog and the National Development Council.
  • Manages the Prime Minister’s public relations (press and general public).
  • Houses an anti-corruption unit and public grievance wing.
  • Handles references coming under the Rules of Business and examines cases submitted for orders.
  • Maintains relations with the President, Governors, and foreign representatives.
  • Acts as the Prime Minister’s “think-tank”, dealing with subjects not allocated to any specific ministry.
  • Exclusion: Does not handle union Cabinet affairs (Cabinet cases are handled by the Cabinet Secretariat).

Central Council of Ministers

• Constitutional Mandate (Article 74 & 75):
  • Article 74 mandates a Council of Ministers with the Prime Minister at the head to aid and advise the President, who shall act in accordance with such advice.
  • Article 75 specifies that the Prime Minister is appointed by the President, and other ministers are appointed by the President on the advice of the Prime Minister.
  • Ministers hold office during the pleasure of the President (in practice, during the pleasure of the Prime Minister).
• Categories of Ministers:
  1. Cabinet Ministers: Prominent ministers who form the Cabinet, hold crucial portfolios, and participate directly in major policy decision-making.
  2. Ministers of State: Second-tier ministers entrusted with administrative responsibilities (may occasionally hold independent charge).
  3. Deputy Ministers: Third-tier ministers holding administrative duties.
• Collective and Individual Responsibility:
  • Ministers are collectively and individually responsible to the Lok Sabha.
  • Collective Responsibility: The entire Council of Ministers is jointly responsible for government actions; all ministers must maintain unanimity and speak with one voice in public. A defeat in the Lok Sabha on a no-confidence motion forces the entire ministry to resign.
  • Double Membership: Ministers are members of both the executive and the legislature.
• Special Concepts:
  • Kitchen Cabinet: An informal, smaller inner circle within the Cabinet used by Prime Ministers to maintain secrecy and expedite decisions on critical issues.
  • Shadow Cabinet: A British practice where the opposition appoints members portfolio-wise to scrutinize policies, keeping the opposition informed and the government on alert.

The Union Cabinet and Cabinet Secretariat

• The Union Cabinet:
  • The nucleus and inner decision-making body of the Council of Ministers.
  • Highest decision-making and policy-formulating body in the politico-administrative system.
  • Directs major legislative, financial, and foreign policies; controls top constitutional and administrative appointments; resolves inter-departmental disputes; recommends ordinances and declarations of emergency.
• Cabinet Secretary:
  • Highest-ranking civil servant in the official ladder, heading the Cabinet Secretariat.
  • Created in 1950, with N.R. Pillai serving as the first Cabinet Secretary.
  • Ex-officio Chairman of the Civil Services Board and Chairman of the Senior Selection Board (which selects Joint Secretaries for the Central Secretariat).
  • Presides over the annual Conference of Chief Secretaries.
  • Serves as Chief Advisor to the Prime Minister on administration and policy, linking the PMO, administrative agencies, civil services, and the political executive.
• Cabinet Secretariat (Functions and Wings):
  • Operates directly under the Prime Minister, administering the Government of India (Allocation of Business) Rules, 1961 and Rules of Business.
  • Provides secretarial assistance to the Cabinet and Cabinet Committees (convening meetings, circulating agendas/papers, recording discussions, monitoring decisions, keeping records).
  • Handles inter-ministerial coordination, resolves differences between ministries, and manages crisis situations.
  • Divided into three wings:
    • Civil Wing: Main wing assisting the Union Cabinet.
    • Military Wing: Provides secretarial assistance to defence and military committees of the Cabinet.
    • Intelligence Wing: Handles matters concerning the Joint Intelligence Committee.
  • Oversees organizations including RAW, Special Protection Group (SPG), Directorate General of Security, Joint Intelligence Group, DG Public Grievances (1988), and the National Authority for the Chemical Weapons Convention.
  • Administratively houses the Office of the Principal Scientific Adviser (O/o PSA, placed under it in August 2018).

Central Secretariat and Administrative Organization

• Constitutional Rule-Making (Article 77): Authorizes the President to make rules for the convenient transaction and allocation of Government of India business.
• Functions of Central Secretariat: Acts as the central policy-making agency (not an executive agency) responsible for assisting ministers in policy and parliamentary responsibilities, framing legislation and procedure rules, sectoral planning, budgeting, expenditure control, inter-departmental coordination, and liaising with State administrations.
• Structural Hierarchy of a Ministry:
  • Political Tier: Cabinet Minister assisted by Ministers of State and Deputy Ministers.
  • Secretariat Organization: Headed by a Secretary (career civil servant), assisted by Joint Secretaries, Deputy Secretaries, and Undersecretaries.
  • Executive Organization: Executive departments under Directors, Directors-General, Commissioners, or Inspectors-General.
  • Internal Subdivisions:
    • Department (headed by Secretary)
    • Wing (headed by Additional/Joint Secretary)
    • Division (headed by Deputy Secretary)
    • Branch (headed by Under Secretary)
    • Section (headed by Section Officer; lowest and smallest organizational unit)

Rule of Law in India

History and Development

• Ancient Origin: Started with Aristotle.
• Medieval Thinkers: Sir John Fortescue, John Locke, Montesquieu.
• Modern Thinkers: A.V. Dicey, F.A. Hayek, John Rawls.

Dicey’s Principles of Rule of Law

• Supremacy of Law: No person can be punished except for a breach of law proven in a court.
• Equality before Law: Everyone is subject to the same laws.
• Predominance of Legal Spirit: Rights are defined and enforced by the courts.

Key Characteristics

• Supremacy of law
• Equality before law
• Protection against arbitrary action
• Government actions must be lawful
• Judiciary protects the Rule of Law
• Based on natural justice
• Core of democracies worldwide

Rule of Law in Indian Constitution

• Preamble: Enshrines justice, liberty, equality.
• Article 14: Equality before the law and equal protection of laws.
• Article 21: Right to life and personal liberty via due process.
• Judicial Review: Articles 13, 32, 136, 142, 226 allow courts to check the constitutionality of laws.

Exceptions to Rule of Law in India

• Discretionary Powers: President (Art. 72), Governor (Art. 161), prorogation (Art. 85), emergency reports (Art. 356).
• Immunities: President/Governor not answerable in court; protections from criminal/civil proceedings while in office.
• Police Powers: Arrests without warrants for cognisable offences.
• Public Servants: Certain immunities for administrative efficiency.
• Criminal Courts: Wide discretionary powers in sentencing.
• Diplomatic Immunities: Provided under international law.

Important Judgments

• Indira Gandhi v. Raj Narain: Rule of law is part of the basic structure.
• ADM Jabalpur v. Shivkant Shukla: Known as the “Habeas Corpus Case”; Justice H.R. Khanna dissented upholding individual liberty.
• Maneka Gandhi Case: Expanded Article 21 to include fairness and non-arbitrariness; connected Articles 14, 19, and 21.
• Som Raj v. State of Haryana: Arbitrary power contradicts the Rule of Law.
• Kesavananda Bharati v. State of Kerala: Rule of Law is part of the basic structure doctrine.

UPSC Previous Year Questions (PYQs)

The District Collector, also known as the District Magistrate, is a pivotal figure in the Indian administrative structure. Over centuries, this role has undergone significant evolution, adapting to the changing political, social, and economic landscape of India. From being a British tool of colonial control to becoming a critical driver of development in modern India, the journey of the District Collector is a fascinating reflection of India’s governance.

Origins: The British Era

The role of the District Collector was formalized under British rule in the late 18th century.

Creation by Warren Hastings (1772)

Warren Hastings introduced the office of the District Collector to streamline revenue collection, a critical need for sustaining the East India Company’s operations.

The first District Collector, Sir George Campbell, was tasked with revenue collection, law and order maintenance, and judicial functions.

Cornwallis Reforms (1793)

Under Lord Cornwallis, the role was expanded to include judicial responsibilities. However, this led to inefficiency, and judicial powers were later separated from the Collector under the Cornwallis Code.

Consolidation of Power

By the mid-19th century, the District Collector became the chief representative of the British government in the district, wielding enormous authority over revenue, law and order, and civil administration.

Post-Independence Transition

After India gained independence in 1947, the role of the District Collector underwent significant transformation to align with the principles of democracy and welfare.

Administrative Continuity

Recognizing the District Collector’s efficiency in governance, the newly formed Indian government retained the position, integrating it into the administrative machinery.

Focus on Development

The 1950s and 1960s saw the Collector’s role shift from revenue collection to development administration. Collectors became pivotal in implementing Five-Year Plans, rural development programs, and land reforms.

Increased Accountability

The introduction of elected Panchayati Raj institutions in the 1950s began to limit the Collector’s unilateral authority, fostering a balance between bureaucracy and democracy.

Modern-Day Role of the District Collector

Today, the District Collector is the central figure in district administration, with diverse responsibilities that encompass both governance and development:

Coordination and Governance

The Collector serves as the head of district administration, coordinating efforts across various government departments.

Revenue Administration

Though less prominent today, revenue administration remains a key function, particularly in rural areas.

Law and Order

As the District Magistrate, the Collector ensures law and order, especially during crises, natural disasters, and elections.

Developmental Initiatives

The Collector oversees the implementation of flagship schemes like the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), Swachh Bharat Abhiyan, and public health campaigns.

Disaster Management

The role has expanded to include disaster preparedness and crisis management, as demonstrated during the COVID-19 pandemic.

Here’s a table summarizing the Evolution of the District Collector in India:

This table captures the evolving responsibilities and significance of the District Collector across historical periods.

Conclusion

The District Collector has remained a cornerstone of governance in India for over two centuries. From a revenue collector under colonial rule to a dynamic administrator driving development, the role reflects India’s evolving governance paradigm. As India continues to grow, the office of the District Collector will undoubtedly adapt further, blending tradition with innovation to meet the challenges of a rapidly changing nation.

Central Vigilance Commission (CVC) is a government body created in 1964. This body is created to address the corruption in the government and its agencies. In the year 2003, Parlian has granted an autonomous state, which makes it free of control from any executive authority.

The body’s job is to monitor all the vigilance activities under the Union Government, its advising authorities, etc.

Structure

The CVC consists of:

• A Central Vigilance Commissioner – Chairperson

• Not more than two Vigilance Commissioners – Members

Role

CVC is not an investigating agency but it only investigates the Civil Works of the Government. The corruption investigation against the official shall be carried out only after the government’s permission.

By the ordinance of 1998, CVC conferred statutory status and gained the power to exercise superintendence over the Delhi Special Police Establishment. It also has the power to review the offenses under the Prevention of Corruption Act, 1988 conducted by the Delhi Special Police Establishment.

In the year 2004, the Union Government authorized the CVC, as the “Designated Agency” to receive complaints of allegations of corruption.

Appointment

The Central Vigilance Commissioner and the Vigilance Commissioner are appointed the President based on the recommendation of a committee that consists of the PM who is the chairmen the committee, the Minister of home affairs who is a member of the committee, and the leader of the opposition in the Lok Sabha.

Removal

The Vigilance Commissioner can be removed only by the order of the President of India based on grounds of misbehavior or incapacity after the Supreme court made the reference over commissioner’s status to the President.

The President may, by order, remove from office the Central Vigilance Commissioner or any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance Commissioner, as the case may be:

• is adjudged an insolvent; or

• has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude; or

• engages during his term of office in any paid employment outside the duties of his office; or

• is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body; or

• has acquired such financial or other interest as is likely to affect prejudicially his functions as a Central Vigilance Commissioner or a Vigilance Commissioner.

References

https://en.wikipedia.org/wiki/Central_Vigilance_Commission

Anti-corruption measures

Anti-corruption measures include a protocol that gives a set of preventive mechanisms that includes the development of codes of conduct for Government officials, transparency in the government’s procurement of goods and services, access to public information, safeguarding the whistleblowers, and also establishment of anti-corruption agencies.

Anti-corruption laws in India

Public servants in India can be imprisoned for several years and penalized for corruption under the:

• Prosecution section of Income Tax Act, 1961
• The Prevention of Corruption Act, 1988
• The Benami Transactions (Prohibition) Act, 1988 to prohibit benami transactions.
• Prevention of Money Laundering Act, 2002

Prevention of Money Laundering Act, 2002

This Act prevents money laundering and provides for confiscation of property derived from, or involved in, money laundering and for matters connected therewith or incidental thereto.

The political declaration and global programme of action, annexed to resolution S-17/2 were adopted by the General Assembly of the United Nations at its 17th special session on the 23rd February 1990.

AND WHEREAS the Political Declaration adopted by the Special Session of the United Nations General Assembly held on 8th to 10th June 1998 calls upon the Member States to adopt national money-laundering legislation and programme;

AND WHEREAS it is considered necessary to implement the aforesaid resolution and the Declaration. BE it enacted by Parliament in the Fifty-third Year of the Republic of India.

The Benami Transactions (Prohibition) Act, 1988

This Act prohibits Benami transactions and the right to recover properly held Benami and for matters corrected therewith or incidental thereto.

Prosecution section of Income Tax Act, 1961

The Section 276C of provides for prosecution, if wilfully attempted to evade the imposition of tax, penalty or interest or has wilfully attempted to evade the payment of tax, penalty or interest.

Prevention of corruption act 1988

It is an act of the Parliament of India, that is enacted to fight corruption in government agencies and public sectors in India. This act provides for penalties for public servants in relation to corruption.

This act by the amendment of 2018, criminalised both bribe-taking by public servants and also bribe giving by any person.

Anti-corruption police and courts

The Directorate General of Income Tax Investigation, Central Vigilance Commission, and Central Bureau of Investigation all deal with anti-corruption initiatives. Certain states such as Andhra Pradesh (Anti-Corruption Bureau, Andhra Pradesh) and Karnataka (Lokayukta) also have their own anti-corruption agencies and courts.

References

• https://dea.gov.in/sites/default/files/Benami%20Transaction_Prohibition_%20Act1988.pdf
• https://www.indiacode.nic.in/bitstream/123456789/2036/1/A2003-15.pdf