Section 4 CVC Act - Appointment of Central Vigilance Commissioner and Vigilance Commissioners
Section 4 of the Central Vigilance Commission Act, 2003 governs the appointment of the Central Vigilance Commissioner and Vigilance Commissioners. It specifies the appointing authority, the statutory recommendation committee and the effect of a vacancy in that committee.
What is Section 4 of the Central Vigilance Commission Act, 2003?
Section 4 is titled "Appointment of Central Vigilance Commissioner and Vigilance Commissioners." It forms part of Chapter II of the Central Vigilance Commission Act, 2003, which deals with the Central Vigilance Commission.
The provision establishes a statutory appointment mechanism. The formal appointment is made by the President, while the recommendation for appointment comes from the committee constituted under Section 4(1).
Section 4 - Statutory Provision
(1) The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed by the President by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of -
- the Prime Minister - Chairperson;
- the Minister of Home Affairs - Member;
- the Leader of the Opposition in the House of the People - Member.
Explanation. For the purposes of this sub-section, "the Leader of the Opposition in the House of the People" shall, when no such Leader has been so recognised, include the Leader of the single largest group in opposition of the Government in the House of the People.
(2) No appointment of a Central Vigilance Commissioner or a Vigilance Commissioner shall be invalid merely by reason of any vacancy in the Committee.
Who appoints the Central Vigilance Commissioner?
Under Section 4(1), the President of India appoints the Central Vigilance Commissioner and the Vigilance Commissioners by warrant under his hand and seal.
The President's appointment follows the recommendation of the statutory committee specified in the proviso to Section 4(1).
Composition of the Section 4 Appointment Committee
| Prime Minister | Chairperson |
|---|---|
| Minister of Home Affairs | Member |
| Leader of the Opposition in the House of the People | Member |
Meaning of Leader of the Opposition under Section 4
Section 4 contains a specific explanation for situations in which no Leader of the Opposition in the House of the People has been formally recognised.
In such a situation, the statutory expression includes the leader of the single largest group in opposition to the Government in the House of the People. This ensures that the opposition component of the recommendation committee can operate even when there is no formally recognised Leader of the Opposition.
Effect of a Vacancy in the Committee
Section 4(2) provides that an appointment of the Central Vigilance Commissioner or a Vigilance Commissioner does not become invalid merely because there is a vacancy in the committee constituted under Section 4.
In other words, the existence of a vacancy by itself is not a statutory ground for treating an appointment as invalid.
Section 4 Explained in Simple Terms
The appointment procedure under Section 4 has two principal stages. First, the statutory committee considers the appointment and makes its recommendation. Second, the President makes the formal appointment by warrant under his hand and seal.
The provision therefore identifies both the constitutional authority making the formal appointment and the committee whose recommendation is required before the appointment is made.
Related Provisions of the CVC Act
Section 4 should be read with Section 3 - Constitution of the Central Vigilance Commission, which deals with the constitution and composition of the Commission.
The service-related provisions following appointment are contained in Section 5 - Terms and other conditions of service of Central Vigilance Commissioner. Removal of the Central Vigilance Commissioner and Vigilance Commissioners is dealt with under Section 6 of the Central Vigilance Commission Act.
Official Legal Source
The authoritative statutory text of the Central Vigilance Commission Act, 2003 can be checked on India Code.
This page is intended as a general legal reference. For an official or litigation-related purpose, the current statutory text, applicable amendments, notifications and relevant judicial decisions should also be verified.