SC asks Centre to reply on PIL over CAG appointment
SC asks Centre to reply on PIL over CAG appointment

Summary

New Delhi: The Supreme Court on Monday sought the Union Governmentโ€™s response to a public interest litigation (PIL) urging the establishment of an independent andโ€ฆ

New Delhi: The Supreme Court on Monday sought the Union Governmentโ€™s response to a public interest litigation (PIL) urging the establishment of an independent and neutral process for appointing the Comptroller and Auditor General (CAG) of India.

 

The plea, filed by the Centre for Public Interest Litigation (CPIL), proposed that the CAG be selected by a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India to ensure impartiality.  

 

Advocate Prashant Bhushan, representing CPIL, argued that the existing systemโ€”where the Union Government unilaterally appoints the CAGโ€”compromises the constitutional bodyโ€™s autonomy. โ€œIn recent times, the CAG has lost its independence,โ€ Bhushan asserted, highlighting concerns such as a decline in audit reports, reduced staff strength, and stalled audits in states governed by the BJP, including Maharashtra.  

 

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A bench led by Justices Surya Kant and Nagarathna K. Singh questioned whether there was concrete evidence of โ€œdeviationโ€ in the CAGโ€™s functioning to justify doubts about its independence. Bhushan countered by citing the Supreme Courtโ€™s past interventions in appointments for the Central Bureau of Investigation (CBI) Director and the Election Commission, where guidelines were introduced to insulate these roles from executive influence.  

 

Justice Kant, however, underscored the constitutional safeguard under Article 148, which grants the CAG the same protection against removal as a Supreme Court judge. Bhushan responded that such protections alone were insufficient, drawing parallels to the Election Commissionโ€™s case (*Anoop Baranwal v. Union of India*), where the Court mandated a bipartisan selection committee despite constitutional provisions.  

 

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The bench deliberated on whether judicial intervention was permissible when the Constitution explicitly vests appointment powers with the President. โ€œWhere the Constitution provides unbridled power of appointment, to what extent can the Court rewrite the provision?โ€ Justice Kant queried.  

 

Ultimately, the Court agreed to issue notice to the Centre and tagged the petition with a similar pending case. Observing the matterโ€™s significance, Justice Kant suggested it be heard by a three-judge bench, while Bhushan emphasized the potential need for a Constitution Bench. The case underscores growing debates over institutional autonomy and the judiciaryโ€™s role in reshaping appointment mechanisms for critical oversight bodies.