Correct option is B
The correct option is (b) 1, 2 and 3.
Explanation:
Under the Central Vigilance Commission Act, 2003, specifically Section 9(6), the law ensures that the functioning of the Commission is not paralyzed by technical or administrative flaws. It explicitly states that no act or proceeding of the Commission shall be invalid merely by reason of:
- Vacancy or Defect in Constitution: If one of the Vigilance Commissioner posts is vacant, the decisions taken by the existing members remain legally binding.
- Defect in Appointment: If it is later discovered that there was a technical flaw in how a Commissioner was appointed, the acts performed by them while in office remain valid (this is based on the 'De Facto Doctrine').
- Procedural Irregularity: Minor mistakes in the way a meeting was conducted or a procedure followed do not invalidate the outcome, provided the merits of the case are not affected.
These provisions are standard for major statutory bodies in India to ensure administrative continuity and prevent legal challenges based on minor technicalities.
Information Booster:
The Central Vigilance Commission (CVC) is the apex integrity institution of India. Here are its core structural details:
- Constitution (Section 3): The Commission consists of a Central Vigilance Commissioner (Chairperson) and not more than two Vigilance Commissioners (Members).
- Appointment (Section 4): They are appointed by the President of India by warrant under his hand and seal.
- Selection Committee: The President makes the appointment based on the recommendation of a three-member 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)
Additional Knowledge:
| Aspect | Provision under CVC Act, 2003 |
| Selection Committee Vacancy | Section 4(2): No appointment of a Commissioner is invalid merely because there was a vacancy in the Selection Committee (e.g., if there was no Leader of Opposition at that time). |
| Tenure | Section 5: The term of office is 4 years or until the age of 65 years, whichever is earlier. They are not eligible for re-appointment in the same Commission. |
| Removal | Section 6: The President can remove a Commissioner only after a reference to the Supreme Court, which must conduct an inquiry and report "proved misbehavior or incapacity." |
| Independence | The CVC is an independent body responsible only to the Parliament. It is not controlled by any executive ministry. |
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