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.
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.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.