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Summary
Polity Class 39

BRIEF OVERVIEW OF PREVIOUS CLASS (1:01 PM)

Revision of CAG: Constitutional provisions and  Financial Accountability etc 

 CAG (1:10 PM)

  • Articles 148 to 151 determine the powers responsibilities and functions of CAG. 
  • It is responsible for auditing the performances of the ministry and department of the Union government and also of central PSE.
  • At the state level, CAG audits the performance of state ministries and departments. 
  • It can also audit the performances of Local bodies if requested by the president and governor. 
  • CAG independence is ensured through the security of tenure.
  • He can be removed in the same manner and on the same grounds as the judge of the S.C.
  • He is not eligible for further offices under Central or state government after his tenure is over.
  • Internal expenses of CAG are charged by CFI of India.
  • The tenure of CAG is 6 years or up to the age of 65 years whichever is earlier.
  • The problem in the functioning of CAG 
  • Weakness:
  • CAG performs a job that is post-mortem in nature i.e. he audits the accounts only after money is spent. It becomes difficult to recover any losses to the government.
  • Solution:
  • CAG should be allowed to conduct a concurrent audit i.e. auditing is done as and when the money is spent.
  • It might slow down the efficiency of government but it can improve accountability in a significant manner.
  • It becomes easier to catch the culprits and recover losses from the government.
  • Weakness:
  • Recommendations of CAG are only advisory in nature. There is no legal binding on the Government to implement the recommendations.
  • For e.g. CAG pointed out the weakness in the functioning of railways in terms of signalling systems and track maintenance but since they are only advisory, the Government never takes these recommendations seriously. Thus, resulting in frequent trains accident.
  • Solution:
  • It must be made mandatory for all ministries and departments to implement the recommendation within the specific time limit. Accountability must be ensured in case of failure to implement recommendations
  • Weakness:
  • CAG conducts only legal and regulatory audits that are:
  • 1. It evaluates whether the person has the necessary legal authority to spend the money or not (legal audit)
  • 2. It evaluates whether the money was spent strictly according to the rules and regulations or not (regulatory audit).
  • It cannot conduct a performance audit as India has only line item budgets which are budget documents that only provide information about the money to be spent on a particular purpose.
  • It is not linked to either output or outcome. For example, if the Government is spending 80000 crores of rupees on NREGA, the budget does not provide any information about the assets to be created with such a huge expenditure.
  • Solution:
  • India must move towards performance budgeting and outcome budgets so that CAG can conduct performance audits also.
  • Weakness:
  • CAG Act, 1971 prohibits CAG from conducting performance audits of PPP.
  • Since 1991, GoI has opted for PPP  as the most preferred mode of investment in infrastructure and industrialisation.
  • As pointed out by many CAG reports, it has resulted in systematic corruption.
  • Solution:
  • CAG Act 1971 should be amended to give CAG,  the necessary powers to conduct performance audits of PPP deals. It can help is ensuring transparency and accountability in the functioning of the government.
  • Weakness:
  • CAG can summon officials and ask for explanations regarding the expenditure spent by them but if the officials are not present, CAG does not have any powers to take action against them.
  • It reduces the effective functioning of CAG.
  • Solutions:
  • CAG should be given powers to punish officials if they deliberately absent themselves from those meetings.
  • Weakness:
  • CAG Act 1971 also prohibits CAG from auditing the performance of developmental and welfare schemes.
  • Since 1991 due to a huge amount of increase in the overall revenues of the government. The Country has seen a huge amount of increase in expenditure on development and welfare schemes.
  • For e.g., in the 1990 budget around 9000 crores was spent on developmental welfare schemes and subsidies in the current year budget (2023-2024) the expenditure is almost 15 lakh crore.
  • Lakhs of crores of rupees of taxpayers' money are spent without any accountability. Because CAG, 1971 does not allow CAG to conduct performance audits of these developmental and welfare schemes.
  • Solutions:
  • CAG Act, 1971 should be amended to give powers to CAG to conduct the performance audit of these welfare and development schemes also
  • Weakness:
  • India's CAG is inspired by British institutions.
  • In Britain, it is called Controller and Auditor General while in India it is Comptroller and Auditor General.
  • In Uk, budget and Expenditure will be audited by CAG before it is tabled on the floor of the house that is CAG can control the expenditure before it is spent whereas in
  • India CAG does not have any powers in this regard.
  • It comes into the picture only after money is spent.
  • Solutions:
  • CAG can be given powers to pre-audit the expenditure, it can provide its services to the estimates committee also to reduce unproductive expenditure.
  • Weakness:
  • It has been found that most of the time, the government would take the shelter under Official Secrets Act to deny critical information to CAG, which often reduces the effective functioning of CAG.
    Solutions:
  • OSA can be removed as recommended by Second Administrative Reforms Commission on RTI, so that there is complete transparency in the functioning of the Government, they can also help in improving the functioning of CAG also.

ATTORNEY GENERAL (2:34 PM)

  • Article 76 has a provision for the attorney general 
  • He is the highest legal officer in the government 
  • He is appointed by the president and he must be qualified to be appointed as a judge of the SC.
  • Functions:
  • To give advice to the GoI on all legal matters.
  • To appear on behalf of the GoI in all cases in S.C. wherein the government is the main litigant.
  • He has to represent GoI in any reference made by the president to S.C. under Article 143.
  • He can also appear in any H.C. wherein the GoI is the main litigant.
  • He also has the right to an audience in all courts within the territory of India.
  • He can also participate in the proceeding of both Lok Sabha and Rajya Sabha and also in the joint session of parliament.
  • He can also attend meetings of parliamentary committees in which he is a member but he cannot vote on the floor of the house.
  • Removal procedure:
  • Our constitution has not prescribed any fixed term for the attorney general. 
  • He holds office at the pleasure of the president.
  • The Constitution also did not prescribe any for his removal. 
  • The president can remove the attorney general at any point in time.
  • He can also resign by submitting his resignation to the president.
  • He is appointed by the president on the basis of advice given council of ministers (CoM) headed by the PM and COM is dissolved attorney general appointed under their advice would also cease to hold office.
  • Controversy related to the Attorney General:
  • ADM Jabalpur case, 1976:
  • The attorney general argued before the SC that the Right to Life and Personal liberty is not absolute and can be suspended under MISA.
  • He also argued that the court has no authority to question the power of the state.
  • He also argued that government has the power to take away even the life of the person under MISA.
  • Ram Jethmalani Vs Soli Sorabjee:
  • Ram Jethmalani was the law minister in the NDA government and Soli Sorabjee was an Attorney General.
  • The law minister made a comment regarding the Sri Krishna committee report which contradicted the statement made by Attorney General in the SC. 
  • Finally, the Law minister was forced to resign.
  • Attorney General Mukool Rohatgi made a comment against SC judges regarding the NJAC bills.
  • SC has expressed its displeasure and Attorney General was forced to apologise to SC for his comment.

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)  (3:23 PM)

  • Our judiciary is burdened with a huge amount of cases. At present, there are more than 50 million cases that are pending with our judiciary at all levels.
  • Since 1967, the country has witnessed the politicisation of civil services. political executive using instruments like transfers, suspension and posting to control the functioning of the bureaucracy.
  • It is also said that the grievance redressal mechanism is one of the weakest aspects of the Indian administration to overcome all the above problems administrative tribunals have come into existence. 
  • CAT is established under Article 323 A of our constitutions for adjudication of disputes wrt recruitment and other service conditions under the union government and other authorities under the control of the union government.
  • Grievances of civil servants include recruitment, transfers, cadre allocation, postings, promotions, suspension and removal. 
  • Administrative tribunals have come into existence under the administrative tribunal act, of 1985.
  • Features:
  • It is distinguishable from ordinary courts with regard to its jurisdiction and its procedures. 
  • Its jurisdiction is restricted only to service matters.
  • It need not follow the technical procedure of ordinary courts.
  • Any Aggrieved person employ can directly appear in front of the tribunal. 
  • There is no need for any lawyers. 
  • The functioning of tribunals is guided by the principles of natural justice and it is not bound by the Civil procedure code followed by the judiciary.
  • Initially, the decision of CAT could be challenged only before the SC of India by filing special leave petitions.
  • However, SC in Chandra Kumar vs Union of India (1997) held that orders of CAT can be challenged in the High courts also by way of writ petitions under articles 226 and 227 of our constitutions.
  • Performance of CAT:
  • It has 16 branches all over the country.
  • It has a total strength of 69 members out of which 34 are judicial members and the remaining members are civil servants. 
  • A bench of CAT consists of one judicial member and one civil servant. 
  • Since 1985, CAT has received 13350 cases from HC and subordinate courts.
  • From 1985 till 2022 the CAT has received 880085 cases and it has disposed of 8004272 cases, it has disposal rate of 91.18% 
  • In recent times most of the states have abolished state administrative tribunals because judgments given by the tribunals were routinely challenged in the HCs
  • On the other hand, CAT continues to be effective as HC and SC exercise extreme caution while taking up cases related to CAT.

NCSC/NCST/NCBC (3:53 PM)

  • National Commission for scheduled caste and scheduled tribes (NCSCt):
  • It is a constitutional body established by Article 338 of our constitutions. 
  • 65 CAA provided for the establishment of a high-level multimember national commission for scheduled caste and scheduled tribes. 
  • 89 CAA bifurcated it into two separate bodies i.e. National Commission for scheduled caste (Article 338) and National Commission for scheduled  tribes (Article 338A)
  • NCSC it had come into existence in 2004 after bifurcation it has a chairperson, vice chairperson and 3 other members.
  • They are appointed by the president, and their condition of service and tenure are also determined by the president.

THE TOPICS FOR THE NEXT CLASS: NCSC, NCST AND NCBC (CONTINUATION)