Question

Consider the following statements with regard to the appointment and tenure of the CAG. Which of the above statements are correct?

1. i. The CAG is appointed by the President of India and takes an oath before them.
2. ii. The CAG’s term is 6 years or until the age of 65, whichever is earlier.
3. iii. The CAG can be removed only by the President on the grounds of proved misbehaviour or incapacity, following a special majority in both Houses of Parliament.
4. iv. The CAG is eligible for further office under the Government of India after completing their term.
5. v. The CAG’s salary is determined by the President after consultation with the CAG.

• A. ii only
• B. i, ii, iii
• C. ii, iii
• D. All

Answer 1

Answer:

B. i, ii, iii

Comptroller and Auditor General of India (CAG)

• Appointment: The CAG is appointed by the President of India. The oath of office is also administered by the President. This is in line with the constitutional framework ensuring the independence of the office.

• Tenure: The CAG holds office for a term of 6 years or until the age of 65 years, whichever occurs earlier. This provision ensures a fixed tenure, safeguarding against arbitrary removal and promoting stability in the office.

• Removal: The CAG can be removed from office only on grounds of proved misbehaviour or incapacity. The procedure for removal is similar to that of a judge of the Supreme Court, requiring a special majority (a majority of total membership of each House and a two-thirds majority of the members present and voting) in both Houses of Parliament. This rigorous process underscores the importance of the CAG's independence.

• Eligibility for further office: A CAG is not eligible for further office under the Government of India or any State government after they have ceased to hold their office. This is a crucial provision to prevent any possibility of political patronage or influence after their term.

• Salary: The salary of the CAG is fixed by the Constitution and is charged on the Consolidated Fund of India. It cannot be varied to their disadvantage after appointment. The salary is equivalent to that of a Supreme Court judge. It is not determined by the President after consultation with the CAG, but by constitutional provisions.

• Constitutional Basis: The office of the CAG is established under Article 148 of the Indian Constitution.

• Role: The CAG audits all expenditure from the Consolidated Fund of India and of each State and Union Territory with legislature. They also audit all trading, manufacturing, profit and loss accounts and balance sheets kept by government companies.