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Quiz20

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Vineet Narain Case (1997)

Name of the Case : Vineet Narain vs. Union of India
Year of Judgement : 1997
Popular Name : Jain Hawala case
Related Topic/ Issue : Autonomy and efficient functioning of CBI
Related Article/ Schedule : -

Supreme Court Judgement:

  • Statutory Status for CVC: The directive to confer statutory status upon the Central Vigilance Commission (CVC) aimed to enhance its authority and effectiveness in combating corruption within the government.
  • Autonomy for CBI and ED: By issuing directions to make the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) autonomous bodies, the court sought to ensure their impartiality and efficiency in carrying out investigations, free from political interference.
  • Striking Down Single Directive: The decision to invalidate the Single Directive provision, which required the CBI to seek prior permission from the Central Government before investigating officers of a certain rank, aimed to remove obstacles to independent investigations and ensure accountability without undue political influence.
Impact of the Judgement:
  • Enactment of CVC Act, 2003: The judgement prompted the enactment of the Central Vigilance Commission (CVC) Act, 2003, which granted statutory status to the CVC. This elevated the authority and mandate of the CVC in overseeing corruption cases within the government.
  • CBI Oversight by CVC: The CVC Act also empowered the Central Vigilance Commission with superintendence over the Central Bureau of Investigation (CBI) concerning the investigation of corruption cases. This move aimed to enhance transparency and accountability in corruption investigations.
  • Reinstatement of Single Directive: Despite the initial invalidation of the Single Directive provision by the Supreme Court, the CVC Act reinstated it. However, the provision was again declared invalid in 2014 by the Supreme Court, highlighting concerns regarding its compliance with constitutional principles, particularly Article 14, which guarantees equality before the law.
 

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