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The CAG of India is appointed by the President. What is the procedure for removal of the CAG?
  • a)
    By the President on the recommendation of the Parliament
  • b)
    By the President on the recommendation of the Council of Ministers
  • c)
    By the President in accordance with the procedure mentioned in the Constitution
  • d)
    By the President on the recommendation of the Supreme Court
Correct answer is option 'C'. Can you explain this answer?
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The CAG of India is appointed by the President. What is the procedure ...
Procedure for Removal of the CAG of India:

The Comptroller and Auditor General (CAG) of India is an important constitutional authority responsible for auditing the accounts of the government and ensuring the proper utilization of public funds. The procedure for the removal of the CAG is outlined in Article 148(1) of the Constitution of India.

Article 148(1) of the Indian Constitution:
"The CAG shall only be removed from office in like manner and on like grounds as a judge of the Supreme Court."

Explanation:

The removal of the CAG of India can only be done in a manner similar to that of a judge of the Supreme Court. This means that the removal process must follow the same principles and procedures as the removal of a Supreme Court judge.

Comparison with the Removal of a Supreme Court Judge:

The procedure for the removal of a Supreme Court judge is mentioned in Article 124(4) of the Indian Constitution. According to this provision, a judge of the Supreme Court can be removed from office only through the process of impeachment. The impeachment process involves the following steps:

1. Initiation of the Process: The process of removal can be initiated by either House of Parliament (Lok Sabha or Rajya Sabha) by presenting a resolution for the removal of the judge.

2. Investigation: Once the resolution is presented, an inquiry committee is formed to investigate the allegations made against the judge. The committee consists of three members - the Chief Justice of India or a judge nominated by him, a judge of the Supreme Court, and a distinguished jurist.

3. Recommendation by the Committee: After conducting the inquiry, the committee submits its report, which includes its findings and recommendations, to the Parliament.

4. Parliament Proceedings: The resolution for removal is then taken up for discussion and voting in the Parliament. It requires a special majority for the resolution to be passed - a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting.

5. Presidential Consent: If the resolution is passed by both Houses of Parliament, it is presented to the President for his/her assent. Once the President gives his/her assent, the judge stands removed from office.

Application to the Removal of the CAG:

As per Article 148(1) of the Constitution, the removal of the CAG of India must follow the same procedure as the removal of a Supreme Court judge. Therefore, if there are grounds for the removal of the CAG, the process would involve the initiation of a resolution by either House of Parliament, followed by investigation, recommendation by a committee, parliamentary proceedings, and finally, presidential consent.

Hence, option C, "By the President in accordance with the procedure mentioned in the Constitution," is the correct answer.
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The CAG of India is appointed by the President. What is the procedure ...
The CAG can be removed by the President only in accordance with the procedure mentioned in the Constitution. This procedure is the same as the removal of a Supreme Court Judge, ensuring the CAG's independence.
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Read the following passages and answer the items that follow. Your answer to the items should be based on the passages only. PASSAGEThe pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time. In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the states holds office during the pleasure of the Governor. However, Article 311 imposes restrictions on the removal of a civil servant. It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them. There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security. In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government. Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure of the Governor. In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister, and not that of the Governor. From the above passage which of the following statements do not pertain to ‘Doctrine of Pleasure’?I. Article 310 of the Constitution.II. Article 164 of the Constitution.III. Article 311 of the Constitution.IV. English Common Law.Select the correct answer using the code below

Read the following passages and answer the items that follow. Your answer to the items should be based on the passages only. PASSAGEThe pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time. In India, Article 310 of the Constitution says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the states holds office during the pleasure of the Governor. However, Article 311 imposes restrictions on the removal of a civil servant. It provides for civil servants being given a reasonable opportunity for a hearing on the charges against them. There is also a provision to dispense with the inquiry if it is not practicable to hold one, or if it is not expedient to do so in the interest of national security. In practical terms, the pleasure of the President referred to here is that of the Union government, and the Governor’s pleasure is that of the State government. Under Article 164, the Chief Minister is appointed by the Governor; and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office during the pleasure of the Governor. In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister, and not that of the Governor. The following implications have been drawn from the above passage:I. According to Article 164 a Governor can dismiss a Minister without concurrence of a Chief Minister.II. ‘Pleasure’ in Article 164 refers to the right of the Chief Minister in the constitutional setting.Which of the above implications are / is false?

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The CAG of India is appointed by the President. What is the procedure for removal of the CAG?a)By the President on the recommendation of the Parliamentb)By the President on the recommendation of the Council of Ministersc)By the President in accordance with the procedure mentioned in the Constitutiond)By the President on the recommendation of the Supreme CourtCorrect answer is option 'C'. Can you explain this answer?
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