Attorney-General and CAG of India

Attorney-General and CAG of India

Key Constitutional Posts in India

The Attorney-General for India

• The Attorney-General is the first Law Officer of the Government of India, who gives advice on legal matters and performs other duties of a legal character as assigned to him by the President.

Appointment and Qualifications

• The Attorney-General for India is appointed by the President and holds office during the pleasure of the President.

• He must have the same qualifications as are required to be a judge of the Supreme Court.

Functions

• He discharges the functions conferred on him by the Constitution or any other law.

[Ref. Art 76]

Status and Privileges

• The Attorney-General for India is not a member of the Cabinet.

• He has the right to speak in the Houses of Parliament or in any Committee thereof, but he has no right to vote. [Ref. Art 88]

• He is entitled to the privileges of a member of Parliament [Art 105(4)].

• In the performance of his official duties, the Attorney-General has the right of audience in all Courts in the territory of India.

• He is not a whole-time counsel for the Government nor a Government servant.

The Comptroller & Auditor-General of India (CAG)

The CAG controls the entire financial system of the Union as well as the States. [Ref. Art. 148]

Appointment and Term

• Though appointed by the President, the Comptroller and Auditor-General can be removed only on an address from both Houses of Parliament on the ground of proved misbehaviour or incapacity.

• His salary and conditions of service are laid down by Parliament and cannot be varied to his disadvantage during his term of office.

• The term of office of the CAG is 6 years from the date on which he assumes office.

• CAG vacates office on attaining the age of 65 years, even without completing the 6-year term.

• He can resign by writing under his hand, addressed to the President of India.

• He can be removed by impeachment.

[Ref. Arts. 148(1); 124(4)]

Salary and Conditions

• His salary is equal to that of a Judge of the Supreme Court.

• Other conditions of his service are similar to an I.A.S. officer of the rank of Secretary to the Government of India.

• He is disqualified from any further Government office after retirement.

• The salaries of the CAG and his staff and the administrative expenses of his office are charged upon the Consolidated Fund of India and thus non-votable.

[Ref. Art. 148 (6)]

Main Duties of the Comptroller & Auditor-General

1. To audit and report on all expenditure from the Consolidated Fund of India and of each state and each Union Territory having a Legislative Assembly as to whether such expenditure has been in accordance with the law.

2. To audit and report on all expenditure from the Contingency Funds and Public Accounts of the Union and of the states.

3. To audit and report on all trading, manufacturing, profit and loss accounts, etc., kept by any department of the Union or a state.

4. To ensure that rules and procedures are designed to secure an effective check on the assessment, collection, and proper allocation of revenue.

5. To audit and report on the receipts and expenditure of all bodies and authorities substantially financed from the Union or State revenues, Government companies, and other corporations or bodies, if required by law.

Historical Note

• Shri V Narhari Rao (1948 to 1954) was the first Indian Comptroller and Auditor General, soon after independence.

• Shree Girish Chandra Murmu is the present CAG of India.

Final Thoughts

The Attorney-General of India and the Comptroller & Auditor-General (CAG) hold vital positions in the Indian Constitution, ensuring legal guidance and financial accountability. The Attorney-General, as the first law officer, advises the government on legal matters and has the right to represent in all courts, though he is not part of the Cabinet.

The CAG safeguards the integrity of public finances, auditing government expenditure and ensuring compliance with the law. Both offices are appointed by the President, enjoy security of tenure, and operate with independence.

These roles highlight the checks and balances within the government, reinforcing transparency, accountability, and the rule of law in India. Understanding their functions provides insight into how the legal and financial framework of the country is maintained.