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Revision Notes: The Attorney General of India, Comptroller & the Auditor General of India Notes | Study Indian Polity for UPSC CSE - UPSC

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Attorney-General of India

Qualifications: A person who is qualified to be appointed a Judge of the Supreme Court can also be appointed the Attorney-General.

Appointment: The Attorney-General is appointed by the President and holds office during his pleasure. He receives such remuneration as the President may determine from time to time.

Duties  

He advises the Union Government in legal matters. He performs any such legal duties as may be assigned to him by the President.  He discharges other functions conferred on him bythe Constitution and the laws.  

He also appears in the Supreme Court on behalf ofthe Government to conduct important cases.

The Attorney-General has the right to speak andtake part in proceedings in Parliament without the right to vote. He has also the right of audience in all Courts in the territory of India if his presence there is necessary for the performance of his duties.

Union Of India

  • The expression ‘Union of India’ should be distinguished from the expression ‘Territory of India’.
  • While the ‘Union’ includes only the states which enjoy the status of being members of the federal system and share a distribution of powers with the Union, ‘the territory of India’ includes the entire territory over which the sovereignty of India, for the time being, extends.
  • The Constitution provides for the establishment of a legislature in every state in the Union.
  • The state of Jammu & Kashmir holds a special position under the Constitution of India [Art. 370].
  • The provisions of Part IV of the Constitution of India relating to Directive Principle of State Policy do not apply to the state of J & K.
  • The Fundamental Right to Property is still guaranteed in the J & K.
  • Parliament has exclusive power over a Union Territory, including matters in the State list.
  • Every Union Territory shall be administerted by the President acting through an Administrator to be appointed by him with such designation as he may specify.
  • India has a single integrated system of judiciary for the Union as well as States which administer both Union and State laws.


Comptroller and Auditor General of India

Appointment

Points To Be Remembered

  • The disqualification issue regarding a Member of Parliament is to be decided by the President in accordance with the opinion of the Election Commission (The Constitution is silent on the expulsion of an M.P.).
  • The 52nd Amendment has amended Articles 101, 102, 109 and 191 and added a new Schedule, the 10th Schedule to the Constitution, which specifies the disqualification on ground of Defection.  These disqualifications will not apply in cases of split(1/3rd of the total membership of the party) and merger (2/3rd of the total membership).
  • The power to decide on question as to disqualification on ground of defection, as under 10th Schedule, vests solely with the Speaker/Chairman of the House.


The Comptroller and Auditor-General of India is appointed by the President and he holds office either for a period of six years or up to the age of 65.
His salary and other conditions of service are determined by the Parliament.

The expenses of his office are charged on the Consolidated Fund of India.

He can be removed from the office in the manner prescribed for the removal of a Supreme Court Judge.

He cannot hold any office under the Government of India after his retirement.

Duties

The duties of the Comptroller and Auditor-General are of two kinds, those of accounting and those of auditing.

As an Accountant he prescribes the form in which the accounts of the Union and the States are to be kept.

He also compiles the accounts of the Union and the States, except that of the functions in the Defence Department and the Railways.

Points To Be Remembered

  • Parliament has been entrusted with the exclusive power to legislate on all the subjects enumerated in the Union List (97 items) and the Concurrent List (47 items).
  • Art. 249 provides for temporary Union Legislation with respect to a matter in the State List, if it is necessary in the national interest.
  • However, Parliament can assume such legislative power with respect to a State subject only if the Rajya Sabha declares by a resolution supported by not less than two-thirds its members present and voting, that it is necessary or expedient in the national interest that Parliament should make laws for the whole or any part of the territory of India with respect to that matter while resolution remained in force.
  • Under Art. 312 of the Constitution, Parliament is empowered to make laws providing for the creation of one or more All-India-Services common to Union and the States, if the Rajya Sabha has declared by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest.
  • Under Art. 368(2), a Bill for the amendment of the Constitution, in order to be a law, must be passed in each House of Parliament by the specified special majority, and the device of joint sitting under Art. 108 is not available.
  • Rajya Sabha may discuss the Annual Financial Statement. It has no power to vote on Demands for Grants.
  • Parliament can recommend the removal of Supreme Court and High Court Judges, the Chief Election Commissioner, the Comptroller and Auditor General and the Chairman and members

 

As an Auditor, he submits audit reports on the accounts.

He also assists the Public Accounts Committee of the Parliament in the discharge of its functions.

The document Revision Notes: The Attorney General of India, Comptroller & the Auditor General of India Notes | Study Indian Polity for UPSC CSE - UPSC is a part of the UPSC Course Indian Polity for UPSC CSE.
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