Introduction
Dr. B.R. Ambedkar described the Comptroller and Auditor General (CAG) under Article 148 as the most important officer under the Constitution of India, serving as the principal bulwark of democratic financial administration and the guardian of the public purse.
Appointment, Term, and Independence
- Appointment: Appointed by the President of India by warrant under his hand and seal as per Article 148(1).
- Tenure: Holds office for a term of six years or until attaining the age of 65 years, whichever is earlier. Resignation is addressed to the President.
- Security of Tenure: The CAG can only be removed by the President in the manner and on the grounds applicable to a Supreme Court judge (Article 124(4))—requiring a special majority in both Houses of Parliament on grounds of proved misbehaviour or incapacity.
- Post-Retirement Restriction: Ineligible for further office either under the Government of India or the Government of any State after ceasing to hold office, thereby preserving institutional impartiality.
Duties and Powers (Articles 149-151 & CAG Act, 1971)
- Auditing Authority: Audits all receipts and expenditures from the Consolidated Fund of India, each State, and Union Territories having a Legislative Assembly, as well as the Contingency Fund and Public Account.
- Types of Audits: Conducts regulatory/compliance audits (ensuring funds are spent according to law) and propriety audits (evaluating wisdom, faithfulness, and economy in public spending).
- Accounting Responsibilities: Under a 1976 legislative amendment, the CAG was relieved of Union accounting duties to separate audit from accounts, although the compilation of State-level accounts remains within its purview.
- Expanding Jurisdiction over PPPs: In the Association of Unified Telecom Service Providers Case (2014), the Supreme Court ruled that the CAG has jurisdiction to audit private entities and Public-Private Partnership (PPP) projects where revenue sharing involves state resources.
- Reporting Mechanism (Article 151): Submits three annual audit reports (Appropriation, Finance, and Public Sector Undertakings) to the President or Governor, who tables them before both Houses of Parliament or State Legislatures. The CAG also functions as a friend, philosopher, and guide to the Public Accounts Committee (PAC).
Conclusion
Despite facing operational constraints such as the post-facto nature of audit, delays in report tabling, and an absence of direct enforcement powers, the CAG remains the linchpin of India's fiscal federalism and legislative oversight, continually adapting through modern performance and environmental audits.