CAG Removal Procedure Under Indian Constitution
The Comptroller and Auditor-General (CAG) of India holds a significant constitutional position, ensuring accountability in public finance. Their removal from office is deliberately protected against arbitrary action.
Constitutional Safeguards for CAG Removal
Article 148(1) of the Constitution states that the CAG shall be removed from office in the like manner and on the like grounds as a Judge of the Supreme Court of India. This procedure is designed to ensure the independence and impartiality of the CAG.
Removal Process Steps
- Grounds for Removal: A CAG can only be removed on grounds of 'proved misbehaviour' or 'incapacity'.
- Parliamentary Address: Removal requires a special address by both Houses of Parliament (Lok Sabha and Rajya Sabha).
- Majority Requirement: This address must be passed by each House with a special majority – specifically, a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
- Presidential Order: Upon the passing of such an address by both Houses, the President of India issues an order for the removal of the CAG.
This process, involving parliamentary scrutiny and a specific majority, mirrors the impeachment procedure for Supreme Court judges and prevents the executive (President acting on Cabinet advice) from removing the CAG unilaterally.
Conclusion
Therefore, the Comptroller and Auditor-General of India can be removed only by the President of India after an address in both Houses of Parliament, based on proved misbehaviour or incapacity.
Important Questions from Constitutional Bodies
Consider the following events :
1. Establishment of the Planning Commission
2. Formation of the National Development Council (NDC)
3. Approval of the First Five-Year Plan by the NDC
4. Constitution of the National Planning Committee
Which one of the following is the correct sequence of the above events?
- Who among the following is the Chairperson of the Goods and Services Tax Council?
Which one of the following statements about the Attorney General of India is not correct ?
Consider the following statements about Attorney-General in India:
1. She/he is the first law officer of the Government of India
2. She/he has a right to speak in any House of Parliament without any right to vote
3. She/he is appointed by the President of India
4. She/he is a whole-time counsel for the Government in the court of law
How many of the statements given above is/are correct?
Which of the following statements relating to the Comptroller and Auditor General (CAG) of India is/are correct?
1. The CAG can attend the sittings of the Committee on Public Accounts.
2. The CAG can attend the sittings of Lok Sabha and Rajya Sabha.
3. The jurisdiction of CAG is co-extensive with the powers of the Union Government.
Select the correct answer using the code given below:
