TET TNPSC Study Material


TNPSC I, II, & IV

OMBUDSMAN, CBI, CVC, LOK PAL, & LOKAYUKTA


1. The institution of ombudsman was first created in Swedan in 1809
2. 'Ombud' is a Swedish term it refers to a person who act as the representative or spokesman of another person.
3. Donald C.Rowat defined ombudsman.
4. CBI was set up in 1963.
5. CBI was created by the resolution of the ministry of Home affairs.
6. Presently CBI is under the ministry of personnel.
7. CBI is the main investigating agency of Central Govt.
8. CBI plays an important role in preventing corruption and maintaining integrity in administration.
9. CBI provides assistance to CVC.

Functions of CBI

1. Investigating cases of corruption, bribery and misconduct of the Central Govt. Employees.
2. Investigating cases relating to infringement of fiseal and economic laws.
3. Investigating serious crimes committed by organized gangs of criminals.
4. Coordinating the activities of anti corruption Agencies.
5. Maintaining crime statistics and disseminating crime information.

SANTHANAM COMMITTEE :

Committee on prevention of Corruption (41 Chairman, 4 MPS & 2 Senior Officers). It was appointed in 1962. It Chairman was K.Santhanam. It examined Corruption in Govt. depts. and recommended measures to check it.
Santhanam Committee submitted its reporting 1964. It gave 137 recommendations but 106 was accepted by our Govt.



MAJOR RECOMMENDATIONS:

1. Amendment of Art 311 of constitution of India.
2. Amendment of Defence of India bill 1962.
3. Creating Independent Vigilance Commission (It was set up in 1964)
4. Amendment of section 21 of Indian Penal Code
5. The Special Police establishment should be strengthened.
6. Establishment of vigilance machinery in Public Sector undertakings.
7. A code of conduct for ministers should be adopted.

Central Vigilance Commission (CVC) :

CVC was established in 1964.
Santhanam Committee recommended to establish CVC
CVC was set up by an executive resolution of the union Government.
It is neither a constitutional body nor a statutory body.

Composition of CVC :

1 Central Vigilance Commissioner 3 and not more than 3 vigilance commission president appoints commissioners.
Appointment Committee : Prime minister, Home Minister and Leader of Opposition in the Lok sabha.

Tenure :

Central Vigilance Commissioner 4 years either vigilance commissioner 3 years.
Upper Age Limit 65 years.
(Before 1998 CVC was a one member commission & Tesure was 6 years)
Central Vigilance Commissioner canbe removed in the same matter as provided for the removal of the chairman of UPSC.
After retirement, he is not eligible for further employment either under the Central Government or State Government.
CVC falls within the Jurisdiction of the ministry of personnel. The commission submit its activities to the ministry and is lays it before both the House of parliament.


Function of CVC :
  1. Undertaking enquiry on a public servant if he acted in a corrupt manner.
  2. Enquiry of any complaint of corrupting misconduct, malpractices.
  3. Maintaining Integrity in Adugatin
State Vigilance commission was established in 1964

Lokpal and Lokayukta :

  • Established by ARC recommendation (Morasi Desai)
  • It is for the redressal of citizens grievances.
  • Lokpal appointed by the president (Chief Justice of India)
  • Speaker of Loksabha, Chariman of Rajya sabha major roles Lokpal - Central Level, Lokayukta - State Level.
  • Lokayukta first established in Maharashtra in 1971 , Orissa - 1983.
  • Lokayukta appointed by Governors of State.
  • Term 5 years or 65 years which comes earlier.
  • Not eligible for second term.
  • Ombuds men - 1809
  • CVC - 1964
  • Lokayukta - 1971
  • CBI - 1963
  • Prevention of Corruption Act -1947
  • No confidence notice in Loksabha needs 50 members support.
  • Santhanam Committee on prevention of corruption was appointed in 1962
  • Lokpal Bill introduced in the Indian Parliament in the following years (earlier)
  • 1968, 1971,1977, 1985, 1989, 1996, 1998
  • CVC - Resolution or Government of India
  • Lokayukta - Statutory
  • CBI- Resolution of Home Ministry
  • High Court - Constitutional