New Delhi: The Supreme Court on Monday agreed to examine a plea seeking an independent and neutral mechanism for appointment of the Comptroller and Auditor General of India (CAG).
The plea filed by Centre for Public Interest Litigation (CPIL), an NGO, opposed the current practice of appointment of CAG solely by the executive and seeks direction that the CAG be appointed by an independent panel comprising Prime Minister (PM), Leader of Opposition (LoP) and the Chief Justice of India (CJI).
Issuing notice to the Centre, a division Bench of Justices Surya Kant and N.K. Singh sought a response from the Union government on the matter and tagged the plea with a pending petition seeking similar relief.
During the course of the hearing, advocate Prashant Bhushan, representing the petitioner, stressed on evolving an independent mechanism for appointment of CAG.
Bhushan referred to the judgments of the top court dealing with the appointments of CBI Director and the top officials of the Election Commission of India.
In 2023, he said the Supreme Court passed a slew of directions relating to the appointment of Chief Election Commissioner (CEC) and two Election Commissioners (ECs) at the poll body.
After hearing the submission, the Justice Kant-led Bench suggested that the issue would require an examination as to whether the apex court can interfere with the process of appointment when Article 148 of the Constitution provides that the CAG will be appointed by the President on the advice of the PM.
Further, the Justice Kant-led Bench said the matter would be required to be decided by a three-judge Bench.
In response, Bhushan said that the plea may be referred to the Constitution Bench (of five or more judges) as it involved a substantial question of law as to the interpretation of the Constitution.
Under Article 148, the CAG is “appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court”. The Constitution requires the CAG to subscribe to an oath or affirmation before he enters upon his office before the President.
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