Section 6 CVC Act: Removal of Central Vigilance Commissioner and Vigilance Commissioner

Section 6 of the Central Vigilance Commission Act, 2003 lays down the statutory safeguards and grounds for removal of the Central Vigilance Commissioner and Vigilance Commissioners. Section 7 separately authorises the Central Government, in consultation with the Commission, to make rules concerning the number and conditions of service of the Commission's staff.

In brief: For proved misbehaviour or incapacity, Section 6(1) requires an order of the President after an inquiry and report by the Supreme Court on a Presidential reference. Section 6(3) also specifies circumstances in which the President may order removal without following the Section 6(1) route.

Section 6 - Removal of Central Vigilance Commissioner and Vigilance Commissioner

Section 6 creates the removal mechanism for the Central Vigilance Commissioner and every Vigilance Commissioner. The provision protects the independence of these offices by prescribing a special process for removal on the grounds of proved misbehaviour or incapacity, while also identifying specified situations in which removal may be ordered directly under sub-section (3).

Section 6(1): Removal for proved misbehaviour or incapacity

Subject to sub-section (3), the Central Vigilance Commissioner or a Vigilance Commissioner may be removed from office only by an order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on a reference made by the President, conducts an inquiry and reports that the Commissioner ought to be removed on that ground.

This sub-section therefore links removal for proved misbehaviour or incapacity to three principal elements: a reference by the President to the Supreme Court, an inquiry by the Supreme Court, and a report supporting removal before the President passes the removal order.

Section 6(2): Suspension during Supreme Court inquiry

Where a reference under Section 6(1) has been made to the Supreme Court, the President may suspend the concerned Central Vigilance Commissioner or Vigilance Commissioner from office and, if considered necessary, prohibit that person from attending office while the inquiry is pending, until orders are passed after receipt of the Supreme Court's report.

Section 6(3): Specified grounds for removal by the President

Notwithstanding Section 6(1), the President may order removal if the Central Vigilance Commissioner or a Vigilance Commissioner:

(a) is adjudged an insolvent;

(b) has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;

(c) engages during the term of office in paid employment outside the duties of the office;

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

(e) has acquired a financial or other interest likely to prejudicially affect the discharge of functions as Central Vigilance Commissioner or Vigilance Commissioner.

Section 6(4): Deemed misbehaviour involving Government contracts

If the Central Vigilance Commissioner or a Vigilance Commissioner is or becomes concerned or interested in a contract or agreement made by or on behalf of the Government of India, or participates in its profit, benefit or emolument otherwise than as a member in common with other members of an incorporated company, the person is deemed, for Section 6(1), to be guilty of misbehaviour.

Meaning and effect of Section 6

The expression proved misbehaviour in Section 6(1) is tied to the statutory inquiry mechanism: the President makes a reference and the Supreme Court inquires into the matter before reporting whether removal is warranted. Incapacity is also an express ground under Section 6(1). In contrast, Section 6(3) lists particular statutory circumstances in which the President may order removal notwithstanding sub-section (1).

Section 6(4) further defines a particular conflict-of-interest situation as deemed misbehaviour for the purpose of Section 6(1). This provision addresses certain interests in Government contracts or agreements and participation in related profits, benefits or emoluments.

Section 7 - Power to make rules by Central Government for staff

The Central Government may, in consultation with the Central Vigilance Commission, make rules regarding the number of members of the staff of the Commission and their conditions of service.

Section 7 is therefore an enabling provision concerning the staffing framework of the Commission. The statutory power is exercisable by the Central Government in consultation with the Commission.

Official text and further reading

For authoritative statutory text, amendments and subordinate legislation, readers should verify the current version of the Central Vigilance Commission Act, 2003 on the official India Code portal. The internal links in the sidebar provide access to related provisions of the Act on this website.

Legal note: This page is an explanatory guide to Sections 6 and 7. In case of any difference, the official text of the Act and applicable amendments, rules and judicial decisions prevail.