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.