The Supreme Court on Monday issued a notice to the Central government on a public interest plea (PIL) seeking an independent and transparent process for the selection of the Comptroller and Auditor General of India (CAG) free from government influence, instead of the prevailing system of the central government alone appointing the head of the country’s audit and accounts department.

A bench of Justice Surya Kant and Justice Nongmeikapam Kotishwar Singh issued the notice and sought the Centre’s response on the PIL by the Centre for Public Interest Litigation (CPIL) contending that the present system of the Central government solely selecting the CAG hampered their independence of the national auditor.

Advertisement

The court tagged the NGO CPIL’s plea with the already pending matter relating to the appointment of the CAG.

Appearing for the petitioner NGO CPIL, advocate Prashant Bhushan told the bench that “in recent times, the CAG has lost its independence”.

He said the audits of the states ruled by the BJP are being stalled and that it was an “unfortunate development”. He told the bench that since the appointment is controlled by the government, CAG’s independence will be disturbed.

“We have to trust our institutions also,” Justice Surya Kant observed.

The CPIL has sought a direction from the court that the CAG shall be appointed by the President in consultation with an independent and neutral selection committee comprising of the prime minister, the leader of the Opposition (LoP) and the chief justice of India and in a transparent manner.

Seeking declaration that the current practice of the appointment of the CAG solely by the government and the Prime Minister be declared violative of the Constitution, the petitioner NGO has stated that the existing appointment process is not independent, fair, or transparent, potentially compromising the CAG’s independence.

The PIL says the appointment of the CAG should be similar to the appointment of other bodies, including Information Commissions and the Central Vigilance Commission.

“The appointment of the Comptroller and Auditor General of India solely by the executive and the Prime Minister of India undermines the independence of the office of the CAG, suffers from grave conflict of interest and thereby is detrimental to good governance and democracy in India. It is also manifestly arbitrary, detrimental to institutional integrity, and violates several basic features of the constitution,” the plea stated.