Wikipedia

Comptroller and Auditor General of India

(Redirected from Controller and Auditor General of India)
This article is about controller and Auditor General of India. For similar title in other jurisdictions, see Comptroller and Auditor General.

The Comptroller and Auditor General of India (ISO: Bhārata kē Niyaṁtraka ēvaṁ Mahālēkhāparīkṣaka) is the supreme audit institution of India, established under Article 148 of the Constitution of India. They are empowered to audit all receipts and expenditure of the Government of India and the State Governments, including those of autonomous bodies and corporations substantially financed by the government. The CAG is also the statutory auditor of Government-owned corporations and conducts supplementary audit of government companies in which the government has an equity share of at least 51 percent or subsidiary companies of existing government companies. The CAG is also the statutory auditor of the Lokpal.[4]

Comptroller and Auditor General of India
Bhārata kē Niyaṁtraka ēvaṁ Mahālēkhāparīkṣaka
since 8 August 2020
AbbreviationCAG
Reports toPresident of India
ResidenceNew Delhi, Delhi
NominatorPrime Minister of India
AppointerPresident of India
Term length6 yrs or up to 65 yrs of age
(whichever is earlier)
Constituting instrumentArticle 148 of the Constitution of India
Inaugural holderV. Narahari Rao
DeputyDeputy Comptrollers and Auditors General of India
Salary₹250,000 (US$3,000) per month[1][2][3]
WebsiteOfficial Website

The reports of the CAG are laid before the Parliament/Legislatures and are taken up for discussion by the Public Accounts Committees (PACs) and Committees on Public Undertakings (COPUs), which are special committees in the Parliament of India and the state legislatures. The CAG is also the head of the Indian Audit and Accounts Department, the affairs of which are managed by officers of Indian Audit and Accounts Service, and has 43,576 employees across the country (as on 01.03.2020).

In 1971, the central government enacted the Comptroller and Auditor General of India (Duties, Powers, and Conditions of Service) Act, 1971. In 1976, CAG was relieved from accounting functions.[5] Articles 148 – 151 of the Constitution of India deal with the institution of the CAG of India.

The CAG is ranked 9th and enjoys the same status as a sitting judge of Supreme Court of India in order of precedence. The former Lt. Governor of UT of Jammu Kashmir G. C. Murmu is the current CAG of India.[6][7] He assumed office on 8 August 2020, and is the 14th CAG of India.

Office of CAG

edit

Appointment

edit

The Comptroller and Auditor-General of India is appointed by the President of India.[8]

Oath or affirmation

edit

"I,(name of the person being appointed), having appointed Comptroller and Auditor-General of India do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws."

Duties of the CAG

edit

As per the provisions of the constitution, the CAG's (DPC) (Duties, Powers and Conditions of Service) Act, 1971 was enacted. As per the various provisions, the duties of the CAG include the audit of:

  • Receipts and expenditure from the Consolidated Fund of India and of the State and Union Territory having legislative assembly.
  • Trading, manufacturing, profit and loss accounts and balance sheets, and other subsidiary accounts kept in any Government department; Accounts of stores and stock kept in Government offices or department.
  • Government companies as per the provisions of the Companies Act, 2013
  • Corporations established by or under laws made by Parliament in accordance with the provisions of the respective legislation.
  • Authorities and bodies substantially financed from the Consolidated Funds of the Union and State Governments. Anybody or authority even though not substantially financed from the Consolidated Fund, the audit of which may be entrusted to the CAG.
  • Grants and loans given by Government to bodies and authorities for specific purposes.
  • Entrusted audits e.g. those of Panchayati Raj Institutions and Urban Local Bodies under Technical Guidance & Support (TGS).

Compensation

edit

The salary and other conditions of service of the CAG are determined by the Parliament of India through the Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971. His salary is the same as that of a judge of the Supreme Court of India. Neither the salary nor the rights of the CAG in respect of leave of absence, pension or age of retirement can be varied to his disadvantage after his appointment. He is not eligible for further office either under the Government of India or under the government of any state after he has ceased to hold his office. These provisions are in order to ensure the independence of CAG.[3][9]

Salary of CAG
Date Salary
1 January 2016 ₹250,000 (US$3,000)[1][2]

Removal

edit

The CAG can be removed only on an address from both houses of parliament on the ground of proved misbehavior or incapacity. The CAG vacates the office on attaining the age of 65 years or 6-year term, whichever is earlier or by impeachment proceedings.

Scope of audits

edit

Audit of government accounts (including the accounts of the state governments) in India is entrusted to the CAG of India who is empowered to audit all expenditure from the Consolidated Fund of the union or state governments, whether incurred within India or outside, all revenue into the Consolidated Funds and all transactions relating to the Public Account and the Contingency Funds of the Union and the states. Specifically, audits include:

In addition, the CAG also executes performance and compliance audits of various functions and departments of the government. Recently, the CAG as a part of thematic review on "Introduction of New Trains" is deputing an auditors' team on selected trains, originating and terminating at Sealdah and Howrah stations, to assess the necessity of their introduction.[10] In a path-breaking judgement, the Supreme Court of India ruled that the CAG General could audit private firms in revenue-share deals with government.

The CAG has been a regular member of the United Nations' Panel of External Auditors, and has previously served as the chairman of its board of auditors, after being elected in 2011.[11][12] The CAG is at present serving as external auditor of two UN organisations:[13]

  • Food and Agriculture Organization of the United Nations (FAO)
  • World Health Organization (WHO)

Suggested Reforms

edit

As the CAG, Vinod Rai was constantly in the limelight for its reports exposing mega corruption, particularly in 2G spectrum case, Commonwealth Games scam, Coal mine allocation scam and others.[14][15] In November 2009, the as CAG, he requested the government to amend the 1971 Audit Act to bring all private-public partnerships (PPPs), Panchayati Raj Institutions and societies getting government funds within the ambit of the CAG. The amendment further proposes to enhance CAG's powers to access information under the Audit Act. In the past, almost 30% of the documents demanded by CAG officials have been denied to them.[16] The PPP model has become a favourite mode of executing big infrastructure projects worth millions of rupees and these projects may or may not come under the audit purview of the CAG, depending on sources of funds and the nature of revenue sharing agreements between the government and the private entities. As of 2013, it is estimated that 60 percent of government spending does not come under the scrutiny of the CAG.[17]

In June 2012, Lal Krishna Advani, a veteran Indian politician and former Deputy Prime Minister of India (as well as former Leader of the Opposition in Indian Parliament),[18] suggested that CAG's appointment should be made by a bipartisan collegium consisting of the prime minister, the Chief Justice of India, the Law Minister and the Leaders of the Opposition in the Lok Sabha and the Rajya Sabha.[19][20] Subsequently, M Karunanidhi, the head of Dravida Munnetra Kazhagam (DMK) party and five times Chief Minister of Tamil Nadu,[21] supported the suggestion. Advani made this demand to remove any impression of bias or lack of transparency and fairness because, according to him, the current system was open to "manipulation and partisanship".[19][20] Similar demand was made by many former CEC's such as B B Tandon, N Gopalaswamy and S Y Quraishi;[22] however, the government did not seem too keen.[23]

CPI MP Gurudas Dasgupta wrote a letter to the PM and demand CAG be appointed by the collegium of consisting the PM, the CJI and the leader of the opposition in Lok Sabha but the PM declined. Former CAG V. K. Shunglu has suggested in its CWG scam report that CAG be made a multi-member body.[24]

PMO Minister V.Narayanasamy in his interview with PTI said Government is considering the Shunglu panel report but PM and Finance Minister declined it. Later V. Narayanasamy said he misquoted but PTI reaffirmed it.[25]

Prominent audit reports

edit

"CAG is not a munimji or an accountant or something like that... He is a constitutional authority who can examine the revenue allocation and matters relating to the economy. CAG is the principal auditor whose function is to go into the economy, effectiveness and efficiency of the use of resources by the government. If the CAG will not do, then who else will do it"

– Observation of a bench of Supreme Court of India while dismissing a petition challenging CAG reports on 2G spectrum, Coal Blocks Allotment, etc.[26]

2G Spectrum allocation

edit
Main article: 2G Spectrum case

A CAG report on issue of Licences and Allocation of 2G Spectrum[27] resulted in a huge controversy. The report estimated that there was a presumptive loss of ₹176,600 crore (US$21 billion) by the United Progressive Alliance (UPA) government.[28] In a chargesheet filed on 2 April 2011 by the investigating agency Central Bureau of Investigation (CBI), the agency pegged the loss at ₹31,000 crore (US$3.7 billion)[29]

All the speculations of profit, loss and no-loss were put to rest on 2 February 2012 when the Supreme Court of India on a public interest litigation (PIL) declared allotment of spectrum as "unconstitutional and arbitrary" and quashed all the 122 licenses issued in 2008 during tenure of A. Raja (then minister for communications & IT in the UPA government) the main accused.[30] The court further said that A. Raja "wanted to favour some companies at the cost of the public exchequer" and "virtually gifted away important national asset".[31]

Revenue loss calculation was further established on 3 August 2012 when according to the directions of the Supreme Court, Govt of India revised the reserve price for 2G spectrum to ₹14,000 crore (US$1.7 billion).[32][33]

However, the special court in New Delhi acquitted all accused in the 2G spectrum case including prime accused A Raja and Kanimozhi on 21 December 2017, the verdict was based on the fact that CBI could not find any evidence against the accused in those 7 years. Per the judgement, "Some people created a scam by artfully arranging a few selected facts and exaggerating things beyond recognition to astronomical levels."

Coal mine allocation

edit
Main article: Coal Mining Scam

A 2012 CAG report on coal mine allocation[34] received massive media and political reaction as well as public outrage. During the 2012 monsoon session of the Parliament, the BJP protested the government's handling of the issue demanding the resignation of the prime minister and refused to have a debate in the Parliament. The deadlock resulted in Parliament functioning only seven of the twenty days of the session.[35][36]

The CAG report criticised the government by saying it had the authority to allocate coal blocks by a process of competitive bidding, but chose not to.[37] As a result, both public sector enterprises (PSEs) and private firms paid less than they might have otherwise. In its draft report in March, the CAG estimated that the "windfall gain" to the allocatees was ₹1,067,300 crore (US$130 billion).[37] The CAG Final Report tabled in Parliament put the figure at ₹185,600 crore (US$22 billion)[38]

While the initial CAG report suggested that coal blocks could have been allocated more efficiently, resulting in more revenue to the government, at no point did it suggest that corruption was involved in the allocation of coal. Over the course of 2012, however, the question of corruption came to dominate the discussion. In response to a complaint by the BJP, the Central Vigilance Commission (CVC) directed the CBI to investigate the matter. The CBI named a dozen Indian firms in a First Information Report (FIR), the first step in a criminal investigation. These FIRs accuse them of overstating their net worth, failing to disclose prior coal allocations, and hoarding rather than developing coal allocations.[39][40] The CBI officials investigating the case have speculated that bribery may be involved.[39]

Fodder scam

edit
Main article: Fodder scam

The scandal was first exposed due to the CAG report in the matter in December 1995. The report alleged of fraudulent withdrawal of government funds worth ₹950 crore (US$110 million) in the Bihar animal husbandry department against non-existent supplies of fodder and medicines.[41] Subsequently, based on Patna High Court's orders, CBI investigated the case and registered as many as 63 cases. Many accused have been convicted while many cases are still under trial.[42]

Krishna-Godavari (KG) D-6 gas block

edit

The oil ministry imposed a fine of ₹7,000 crores on Mukesh Ambani's company for the sharp drop in production of gas and violations mentioned in CAG's 2011 report. Oil ministry did not approve company's US$7.2 billion stake in deal with BP.[43][44][45] So Jaipal Reddy known for his honesty was shifted from oil ministry to the Science and Technology ministry owing to pressure from Reliance group of Industries.[46][47][48] RIL allowed the CAG to begin the audit in April this year after stalling it for a year. But unresolved issues could stall audit of KG Basin again.[49] Then Government appointed Defence Secretary Shashikant Sharma as new CAG to audit KG Basin, said Prashant Bhushan.[50] In KG D-6, most of the cost had been recovered by the private player and the increase in price would only go as profit. About 90% of receipts from K-G D-6 were so far booked as expenditure and in the remaining 10%, only 1% was paid to the government and rest 9% went to the operator as profit.[51]

List of CAGs of India

edit

This is a list of all CAGs of India from British India to present Republic of India:[52][53]

Auditor-General of British India (1860–1950)

edit
Auditor-General of India (1860–1950)
No. Auditor General of India Tenure began Year tenure ended
1 Edmund Drummond 1860 1862
2 R. P. Harrison 1862 1867
3 E. F. Harrison 1867 1879
4 W. Waterfield 1879 1881
5 James Westland 1881 1889
6 E. Gay 1889 1891
7 S. Jacob 1891 1898
8 Arthur Frederick Cox 1898 1906
9 O. J. Barrow 1906 1910
10 Robert Woodburn Gillan 1910 1912
11 Sir Frederic Gauntlett 1912 1914
12 Sir R. A. Gamble 1914 1918
13 Sir Frederic Gauntlett 1918 1929
14 Sir Ernest Burdon 1929 1940
15 Sir Alexander Cameron Bandedoch 1940 1945
16 Sir Bertie Monro Staig 1945 1948
17 V. Narahari Rao 1948 1950

Auditor-General of Republic of India (1950–present)

edit
Comptroller and Auditor General of India (1950–present)
No. Comptroller and Auditor General of India Tenure Began Tenure Ended
1 V. Narahari Rao 1950 1954
2 Anil Kumar Chanda 1954 1960
3 A. K. Roy 1960 1966
4 S. Ranganathan 1966 1972
5 A. Baksi 1972 1978
6 Gyan Prakash 1978 1984
7 Tirlok Nath Chaturvedi 1984 1990
8 C. G. Somiah 1990 1996
9 V. K. Shunglu 1996 2002
10 Vijayendra Nath Kaul 2002 2008
11 Vinod Rai 2008 2013
12 Shashi Kant Sharma 2013 2017
13 Rajiv Mehrishi 2017 2020
14 Girish Chandra Murmu 2020 Incumbent

See also

edit

References

edit
  1. ^ a b "THE COMPTROLLER AND AUDITOR-GENERAL'S (DUTIES, POWERS AND CONDITIONS OF SERVICE) ACT, 1971". CAG India. Retrieved 7 September 2018.
  2. ^ a b "The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2017" (PDF). PRS India. Archived from the original (PDF) on 27 August 2018. Retrieved 7 September 2018.
  3. ^ a b "CAG – Article 148 of Constitution of India". Archived from the original on 28 December 2011. Retrieved 6 April 2012.
  4. ^ "India Code: Section Details". www.indiacode.nic.in. Retrieved 26 May 2023.
  5. ^ "Brochure: The Comptroller and Auditor General's (Duties, Powers and Conditions of Service) Act, 1971" (PDF). cag.gov.in. Comptroller and Auditor General of India. p. 25. Retrieved 5 May 2022. In section 10 of the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971 (hereinafter referred to as the principal act), in sub-section (1),-
    (a) for the first proviso, the following provisos shall be substituted, namely:-
    "Provided that the President may, after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for compiling
    (i) the said accounts of the Union (either at once or gradually by the issue of several orders); or
    (ii) the accounts of any particular services or departments of the Union:
    Provided further that the Governor of a State may, with the previous approval of the President and after consultation with the Comptroller and Auditor-General, by order, relieve him from the responsibility for compiling
    (i) the said accounts of the State (either at once or gradually by the issue of several orders); or
    (ii) the accounts of any particular services or departments of the State:";
    (b) in the second proviso, for the words "Provided further", the words "Provided also", shall be substituted.
  6. ^ "Centre appoints GC Murmu as new CAG". Times of India. 6 August 2020. Retrieved 6 August 2020.
  7. ^ "Former J&K Lt Governor GC Murmu appointed new CAG". Money Control. 6 August 2020. Retrieved 6 August 2020.
  8. ^ Constitution of India, Article 148 for the period of six years.1
  9. ^ Chapter V - Constitution of India. Retrieved 6 April 2012.
  10. ^ "Comptroller and Auditor General lens on trains introduced by Mamata Banerjee". The Times Of India. 12 July 2012.
  11. ^ "CAG Vinod Rai elected U.N. external audit panel chief". The Times Of India. 8 December 2011. Retrieved 28 February 2012.
  12. ^ "CAG Vinod Rai to head UN audit panel". The Times Of India. 9 December 2011. Retrieved 28 February 2012.
  13. ^ "United Nations Panel of External Auditors". United Nations. Retrieved 4 July 2022.
  14. ^ "A watchdog that bites". The Hindu. Chennai, India. 20 August 2012. Archived from the original on 22 August 2012. Retrieved 27 August 2012.
  15. ^ B S Arun. "CAG 'activism' gets the thumbs up". Deccan Herald. Archived from the original on 13 June 2013. Retrieved 27 August 2012. Corporate India needs to go through a phase of reflection and soul searching
  16. ^ "Four years on, UPA govt yet to accept CAG's request for more powers | Latest News & Updates at DNAIndia.com".
  17. ^ "After shaking and hurting the govt he is retiring - News Oneindia".
  18. ^ "Members Bioprofile". Lok Sabha of India/National Informatics Centre, New Delhi. Archived from the original on 29 April 2011. Retrieved 27 April 2011.
  19. ^ a b "Karunanidhi backs Advani's view on collegium to appoint CAG, EC". The Times of India. 5 June 2012. Archived from the original on 1 November 2013. Retrieved 5 October 2012.
  20. ^ a b "Karunanidhi backs Advani's plea for collegium". The Hindu. Chennai. 5 June 2012. Retrieved 5 October 2012.
  21. ^ "DMK's Official Homepage-Chennai-Tamilnadu-India 800x600 screen resolution". Dmk.in. 9 December 2011. Archived from the original on 21 July 2011. Retrieved 24 January 2012.
  22. ^ "Collegium needed to select EC: SY Quraishi". The Times of India. 16 July 2012. Archived from the original on 1 November 2013. Retrieved 5 October 2012.
  23. ^ "Ex-CECs backed collegium, Law Ministry not too keen". Indian Express. 10 June 2012. Retrieved 5 October 2012.
  24. ^ "CAG itself needs an auditor: Shunglu panel". Times of India. 12 April 2011. Retrieved 24 October 2017.
  25. ^ "PTI stands by its report on Narayanasamy". The Hindu. 12 September 2016. Retrieved 24 October 2017.
  26. ^ "SC Rejects PIL Against CAG Examining Coal Allotment". Outlook India. 1 October 2012. Archived from the original on 1 October 2012. Retrieved 1 October 2012.
  27. ^ "Report No. -19 of 2010-11 for the period ended March 2010 Performance Audit of Issue of Licences and Allocation of 2G Spectrum by the Department of Telecommunications ( Ministry of Communications and Information Technology)". CAG. Archived from the original on 29 November 2014. Retrieved 17 April 2015.
  28. ^ "Performance Audit Report on the Issue of Licences and Allocation of 2G Spectrum" (PDF). Archived from the original (PDF) on 21 March 2012. Retrieved 5 January 2012.
  29. ^ "2G loss? Govt gained over Rs.3,000cr: Trai". The Times of India. 7 September 2011. Archived from the original on 6 November 2011.
  30. ^ "SC quashes 122 licences". The Times of India. 2 February 2012. Archived from the original on 29 October 2013.
  31. ^ "2G verdict: A Raja 'virtually gifted away important national asset', says Supreme Court". Times of India. 2 February 2012.
  32. ^ "Cabinet sets Rs 14,000 cr as reserve price for 2G spectrum". Firstpost. 4 August 2012. Retrieved 8 August 2012.
  33. ^ Singh, Shalini (8 August 2012). "Cabinet decision on 2G auction price demolishes zero-loss theory". The Hindu. Chennai, India. Retrieved 8 August 2012.
  34. ^ "Report No. - 7 of 2012-13 for the period ended March 2012 - Performance Audit of Allocation of Coal Blocks and Augmentation of Coal Production (Ministry of Coal)". CAG. Archived from the original on 24 February 2015. Retrieved 17 April 2015.
  35. ^ "Turmoil-ridden Monsoon session of Parliament ends". DNA. 7 September 2012. Retrieved 7 September 2012.
  36. ^ "Stalling Parliament is also a part of Democracy". The Times of India. Archived from the original on 3 January 2013. Retrieved 7 September 2012.
  37. ^ a b ""Draft Performance Audit, Allocation of Coal Blocks and Augmentation of Coal Production by Coal India Limited" Report of the Comptroller and Auditor General of India (Union Government (Commercial))" (PDF). Comptroller and Auditor General of India (Union Government (Commercial)). Retrieved 8 September 2012. Hereafter Draft CAG Report.
  38. ^ "Transcript: Prime Minister Manmohan Singh Counters 'Coalgate' Allegations - India Real Time - WSJ". The Wall Street Journal.
  39. ^ a b "Firms hid earlier allocations to get new blocks, says CBI - Hindustan Times". Archived from the original on 4 November 2013.
  40. ^ "Coalgate: Now, DMK leader in the dock". Zee News. 7 September 2012.
  41. ^ "CBI orders prosecution of Laloo, Mishra in fodder scam". Rediff.com. April 1996. Archived from the original on 31 May 2010. Retrieved 1 October 2012.
  42. ^ "Fodder scam case: 58 convicted, given jail terms", Times of India, 31 May 2007, archived from the original on 1 May 2009, retrieved 5 November 2008, Snippet: ... A total 63 cases were registered in the scam and 41 were transferred to Jharkhand after it was created from Bihar in November 2000 ... The CBI has filed charge sheets in almost every case and trials are under progress. Till now the special CBI court has passed judgment in 16 cases and nearly 200 accused in different cases have been punished with two to seven years imprisonment ...12121
  43. ^ "Steep Fall in Gas Output: Rs 7000cr Fine on Reliance | IndiaWires". Archived from the original on 29 October 2013.
  44. ^ [1] Archived 29 October 2013 at the Wayback Machine
  45. ^ "Jaipal Reddy's shift from Oil Ministry creates a political storm". The Times Of India. 30 October 2012.
  46. ^ Reddy, B. Muralidhar (29 October 2012). "PM owes an explanation on shifting Jaipal Reddy: BJP, SP". The Hindu. Chennai, India.
  47. ^ "Not unhappy with new ministry: Jaipal Reddy - Times of India". Archived from the original on 3 January 2013.
  48. ^ "CAG audit of Krishna-Godavari D6 gas block resumes". The New Indian Express.
  49. ^ "dna special: Unresolved issues could stall audit of KG Basin, again | Latest News & Updates at DNAIndia.com".
  50. ^ "Bhushan questions new CAG selection | Business Standard".
  51. ^ "CAG may look into likely profit for RIL from gas price hike - The Times of India". The Times Of India. 2 July 2013.
  52. ^ "Former CAG". Archived from the original on 18 April 2012. Retrieved 9 May 2012.
  53. ^ "Rajiv Mehrishi is the next CAG of India: Former home secretary once spearheaded economic reforms in Rajasthan". September 2017.
edit
 
Wikimedia Commons has media related to Comptroller and Auditor General of India.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Comptroller_and_Auditor_General_of_India&oldid=1251690696"