What is the provision in Article 149 of the Indian Constitution?

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Points to Remember:

  • Article 149 deals with the Comptroller and Auditor General of India (CAG).
  • It outlines the CAG’s appointment, term, and removal.
  • It emphasizes the CAG’s independence and accountability.

Introduction:

Article 149 of the Indian Constitution pertains to the Comptroller and Auditor General of India (CAG), a crucial institution for ensuring financial accountability and transparency within the government. The CAG acts as an independent watchdog, auditing the accounts of the Union and State governments, and reporting directly to the Parliament and State Legislatures respectively. The article lays down the fundamental provisions governing the CAG’s appointment, tenure, and removal, thereby safeguarding its independence and effectiveness. This independence is vital for maintaining the integrity of public finances and preventing corruption.

Body:

1. Appointment of the CAG:

Article 149 states that the CAG shall be appointed by the President. This appointment is not subject to the approval of the Parliament, highlighting the executive’s role in initiating the process. However, the selection process often involves consultations with various stakeholders to ensure the appointment of a highly qualified and impartial individual. The President’s power in this regard underscores the importance of the position and the need for a carefully considered choice.

2. Term of Office and Removal:

The CAG holds office for a period of six years or until the age of 65, whichever is earlier. This fixed tenure provides security of tenure, allowing the CAG to perform their duties without fear of political interference. The CAG can only be removed from office by the President on the grounds of proved misbehavior or incapacity. However, this removal is subject to the same procedure as that for the removal of a Supreme Court Judge, requiring a resolution passed by both Houses of Parliament. This stringent process further reinforces the CAG’s independence and protects them from arbitrary dismissal.

3. Independence and Accountability:

Article 149, while not explicitly mentioning “independence,” implicitly guarantees it through the provisions related to appointment, tenure, and removal. The CAG’s reports are presented directly to the Parliament and State Legislatures, ensuring public accountability and transparency. This direct reporting mechanism bypasses the executive branch, allowing the CAG to freely express their findings without fear of reprisal. The CAG’s independence is crucial for maintaining the integrity of the audit process and ensuring that the government’s financial dealings are subject to rigorous scrutiny.

Conclusion:

Article 149 of the Indian Constitution establishes the office of the Comptroller and Auditor General of India, outlining the key provisions related to their appointment, term, and removal. The article, through its provisions, implicitly safeguards the CAG’s independence, a crucial element in ensuring financial accountability and transparency within the government. The stringent process for removal and the direct reporting to the legislature underscore the importance of this institution in upholding the principles of good governance and preventing corruption. Maintaining the CAG’s independence and strengthening its powers remains crucial for the continued health and integrity of India’s public finances. A robust and independent CAG is essential for promoting good governance, transparency, and accountability, contributing to the holistic development of the nation and upholding constitutional values.

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