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The powers of the Central Vigilance Commission are that of a civil court while:1. conducting any enquiry2. conducting any inquiry under Section 8(1)(c
Question

The powers of the Central Vigilance Commission are that of a civil court while:
1. conducting any enquiry
2. conducting any inquiry under Section 8(1)(c), (d) of the Central Vigilance Commission Act, 2003
3. asking any agency to forward any report of the enquiry made by it on a reference from the Commission
Select the correct answer using the code given below:

A.

1

B.

2 only

C.

3 only

D.

2 and 3

Correct option is D

The correct answer is (d) 2 and 3.

Explanation

The powers of the Central Vigilance Commission (CVC) are specifically detailed in Section 11 of the Central Vigilance Commission Act, 2003. These powers are modeled after the Code of Civil Procedure, 1908, but they are not universal across all CVC activities.

Statement 1: Incorrect

While the CVC conducts many types of oversight and inquiries, the Act does not grant it civil court powers for "any" general enquiry or administrative task. The powers are statutorily limited to specific categories of inquiries. Using the word "any" makes the statement legally imprecise and technically incorrect.

Statement 2: Correct

According to Section 11(1) of the CVC Act, the Commission possesses the powers of a civil court while conducting inquiries referred to in:

  • Section 8(1)(c): Inquiries into transactions where a public servant is suspected of corruption, following a reference from the Central Government.
  • Section 8(1)(d): Inquiries into complaints against specific categories of public servants (such as Group A officers of the Central Government and certain officials in the public sector).

Statement 3: Correct

One of the specific powers of a civil court granted to the CVC under Section 11(1)(d) is "requisitioning any public record or copy thereof from any court or office." When the CVC asks an agency (like the CBI or a Departmental Vigilance wing) to forward a report of an enquiry made on a reference from the Commission, it is exercising this civil court power.

Powers of the CVC as a Civil Court

When exercising these powers, the CVC can:

  1. Summon and enforce the attendance of any person from any part of India and examine them on oath.
  2. Require the discovery and production of any document.
  3. Receive evidence on affidavits.
  4. Requisition any public record or copy thereof from any court or office.
  5. Issue commissions for the examination of witnesses or documents.

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