“History repeats itself, that’s one of the things that’s wrong with history.” -Clarence Darrow

Upgrading the State Vigilance Commission (SVC)

by | Feb 19, 2010 | Blog

An Editorial in the Greater Kashmir argues in favor of extending the national law to the State through adoption in the State Assembly

SVC – A GOOD MOVE

The setting up of the State Vigilance Commission (SVC) on the pattern of the Central Vigilance Commission is a good decision; one that can be counted as a step towards providing good governance to the State. Surely it is meeting the people’s long pending demand for fighting the menace of corruption in the state administration.

This state, right from early fifties, has earned the evil distinction of patronizing corruption in the administration. It not only brought an acute disrepute to it but also destroyed the social fabric of the State. There have been public out cries and agitations against the corruption but for the lack of an effective mechanism for curbing malpractices in the administration it always went heedless. The state cabinet committee by proposing constitution of the SVC on the pattern of the Central Vigilance Commission has done a commendable thing. But before putting it to the cabinet for approval there is need for making the document public. It is not important symbolically only but can also elicit suggestions from civil society. The Central Vigilance Commission was established by Government of India some forty six years back on the recommendation of the Committee on Prevention of Corruption as an advisory body to GoI. Nonetheless it took decades for this organization to establish itself as an independent apex vigilance institution free from the control of the executive.

If the government is really serious in making the proposed State Vigilance Commission as an effective organ it needs to replicate the Central Vigilance Commission in full. To establish the SVC as a statutory body an Act on the pattern of the Central Vigilance Commission Act 2003 needs to be passed in the State Assembly. The Central Vigilance Commission is also a designated agency to receive written complaints for disclosures on any allegation of corruption or misuse of office. It can very well recommend appropriate action. It also has authority to publicize the list of the corrupt officers. The State Vigilance Commission besides having powers as enjoyed by the Central Vigilance Commission should be empowered to prosecute the state officers belonging to the Central Services, i.e. I.A.S, I.P.S and I.F.S . And this must be without waiting for a clearance from the Ministry of Personnel, Pension and Grievances or the Ministry of Home Affairs. It because of such in adequacies that many known corrupt officers belonging to these services have often escaped the dragnet of anti-corruption department or have skirted a disciplinary action.

While appreciating the idea of setting up of the SVC, there is need to reorganize the State Vigilance Organization. This organization ever since its inception has been working just as an extension of the State Police Department, and not an independent organization. It, more or less has been converted into a dumping ground for the police officers who fail to stay in the good books of those who matter. Even a cursory look at the track record of this organization suggests that it has been one of the most ineffective organizations and whenever the organization has initiated a campaign against corruption at any point of time it has been motivated. As very rightly said by Chief Minister, Omar Abdullah the organization has been so far targeting smaller functionaries and people at the top, who are known for accumulating wealth beyond their known sources of income, go scot-free.

To see the state vigilance organization that is supposed to be the organ of the State Vigilance Commission carrying out the investigations, there is a need to make it broad based. The criteria for appointing head of the organization need not to be the police service but any officer of high integrity from administrative, judicial or police service should be chosen. The officers for the organization also need to be recruited from all disciplines. Another important decision that deserves an appreciation is restricting the role of the State Accountability Commission (SAC) to dealing the charges of corruption and misuse of office by politicians holding public offices. The Commission by taking the role of the State Vigilance Organization, taking complaints against administration, had diluted its role. To make this organization an effective organization it needs to be made fully autonomous and allowed to initiate action suo moto against any politician misusing public office.