NEW DELHI: A group of former deputy CAGs have approached the Supreme Court through a PIL seeking interpretation of Article 148 of the Constitution by prescribing a collegium system for appointments of the Comptroller and Auditor General (CAG) – a constitutional position that enjoys the same status as a judge of the apex court.
In both cases, their appointments are by the President, have retirement age fixed at 65 and where removal from office entails impeachment by both Houses of Parliament.
The veterans of Indian Accounts & Audit Service also challenged the vacuum in Article 148, which prescribes the appointment of CAG but lacks any specified procedure. The petitioner (Anupam Kulshreshtha vs Union of India case) quoted from Constituent Assembly debates, where Ambedkar asserted the importance of CAG as “the most crucial officer in the Constitution” and that its duties should be as independent as those of the judiciary, free from any executive or legislative influence. The collegium, as suggested by the PIL, should comprise the speaker of Lok Sabha, LoP in Lok Sabha, chairman of the Public Accounts Committee (a position held by an opposition leader) and the CJI or his nominee.
At present, a panel of names is suggested by the cabinet secretary to the PM who then recommends his selection to the President. The absence of a prescribed procedure by way of a selection committee, criteria and qualifications for appointments, etc is against the constitutional mandate, the petition said. The petition, signed by three deputy CAGs – Anupam Kulshreshtra, Arun Kumar Singh and Sangita Chandrakant Choure – was listed twice since Jan but is yet to come up for hearing as govt is yet to file its response to the notice served by the SC. The veterans said government was delaying proceedings by not filing its response.
