CAG, AGI, ADVOCATE GENERAL AND ELECTION COMMISSION OF INDIA
Comptroller and Auditor General of India The Comptroller and Auditor General (CAG) of India is an authority, established by Article 148 of the Constitution of India, which audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the external auditor of Government-owned corporations and conducts supplementary audit of government companies, i.e., any nonbanking/ non-insurance company in which Union Government has an equity share of at least 51 per cent or subsidiary companies of existing government companies.
The reports of the CAG are taken into consideration 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.
The CAG is mentioned in the Constitution of India under Article 148 151. APPOINTMENT The Comptroller and Auditor-General of India is appointed by the President of India following a recommendation by the Prime Minister. On appointment, he/she has to make an oath or affirmation before the President of India.
DUTIES OF THE CAG 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 departments. 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 C&AG. 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).
REMOVAL The CAG can be removed only on an address from both house of parliament on the ground of proved misbehaviour or incapacity. The CAG vacates the office on attaining the age of 65 years age even without completing the 6 years term by impeachment also.
ATTORNEY GENERAL The attorney general for India is appointed by the president of India under article 76 of the constitution and holds the office during the pleasure of the president. He must be a person, qualified to be appointed as a judge of the SC. It is the duty of the attorney general to give advice to the government of India upon such legal matters and to perform such other duties of legal character as may be referred or assigned to him by the president.
In the performance of his duties, he has the right of audience in all the courts in India as well as the right to take part in the proceedings of the parliament without the right to vote. The term of office of the attorney general is not fixed by the constitution. Further the constitution does not contain the procedure and grounds for his removal.
The Attorney General is necessary for giving advice to the Government of India in legal matters referred to him. He also performs other legal duties assigned to him by the President. The Attorney General appears on behalf of Government of India in all cases (including suits, appeals and other proceedings) in the Supreme Court in which Government of India is concerned. He also represents the Government of India in any reference made by the President to the Supreme Court under Article 143 of the Constitution.
The Attorney General can accept briefs but cannot appear against the Government. He cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. The Attorney General is assisted by a Solicitor General and four additional Solicitors General. The Attorney General is to be consulted only in legal matters of real importance and only after the Ministry of Law has been consulted. All references to the Attorney General are made by the Law Ministry.
SOLICITOR GENERAL The solicitor general of India is the second law officer of the country assisted by the attorney general. The solicitor general is further assisted by four additional solicitor general. The constitution does not mention about the solicitor general The solicitor general Does not tender legal advice to the government of India and its workload is confined to appearing in courts on behalf of union of India.
ADVOCATE GENERAL(ARTICLE 165) In India, an advocate general is a legal advisor to a state government. The post is created by the Constitution of India and corresponds to that of Attorney General of India at the federal or central or union government level. The Governor of each state shall appoint a person who is qualified to be appointed judges of high court.
Remuneration Not fixed by Constitution, but receives the Pay as per fixation by Government. Appointed by Governor on the Advice of COM of state and also Submits resignation to Governor. He gets dissolved with dissolving of Government. The Advocate General is the first law officer of a State. His office and functions are comparable to that of the Attorney General of India. Appointed by the Governor and holds the office during his pleasure. His remunerations are also determined by the Governor. To be appointed to the office of the Advocate-General, he/she must be qualified to be a Judge of the High Court.
He has the right to attend and speak in the proceedings of either Houses of the State Legislature without any right to vote. He has the right of audience in any Court in the State. Article 165 - Each State shall have a Advocate General. Article 177 - Right of Audience in State Legislature and its committees but no right to vote. Article 194 - Rights, Privileges and Immunities of Advocate General of India which are available to State Legislature Members.
ELECTION COMMISSION The Election Commission of India is an autonomous constitutional authority responsible for administering election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, state Legislative Assemblies in India, and the offices of the President and Vice President in the country. The Election Commission operates under the authority of Constitution per Article 324, and subsequently enacted Representation of the People Act. The Commission has the powers under the Constitution, to act in an appropriate manner when the enacted laws make insufficient provisions to deal with a given situation in the conduct of an election. Being a constitutional authority, Election Commission is amongst the few institutions which function with both autonomy and freedom, along with the country s higher judiciary, the Union Public Service Commission and the Comptroller and Auditor General of India.
Formed 25 January 1950 (Later celebrated as National Voters Day) Headquarters: Nirvachan Sadan, Ashoka Road, New Delhi Chief Election Commissioner of India: Om Prakash Rawat, IAS Election Commissioner of India: Sunil Arora, IAS Election Commissioner of India : Ashok Lavasa, IAS
REMOVAL The Chief Election Commissioner of India can be removed from his office similar to the removal of a judge of the Supreme Court of India which requires a resolution passed by the Parliament with a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehavior or incapacity. Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner
TERM OF OFFICE THE CHIEF ELECTION COMMISSIONER OR AN ELECTION COMMISSIONER HOLDS OFFICE FOR A TERM OF 6 YEARS.
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