Supreme Court seeks response from Centre on plea seeking independent process for CAG appointment

The Supreme Court recently asked the Central government to respond to a plea seeking a fair and independent appointment process for the appointment of Comptroller and Auditor General (CAG) [Anupam Kulshrestha and ors vs Union of India and ors]. .A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Satish Chandra Sharma on January 25 issued notice to the Finance Ministry and the Law Ministry on the petition filed by Anupam Kulshrestha and others..The petitioners moved the Court contending that the existing process is against the mandate of the Constitution of India since it compromises on the CAG's independence by placing the appointment in the hands of the executive. "The current procedure involves the Cabinet Secretariat shortlisting names for the Prime Minister's consideration, from which the Prime Minister sends one name to the President. However, this process, where the President approves a single name proposed by the Prime Minister, contradicts the Constitution's intent for the CAG's independence. The appointment process virtually entrusts the high constitutional post of the CAG to the Cabinet Secretary, allowing arbitrary shortlisting," the plea said. Thus, the current appointment procedure places the CAG's selection solely at the executive's discretion at the cost of public audit, transparency, independence and accountability, it was submitted."To be effective, audit must be independent of the auditee, of the executive. Independence begins with the process of appointment of the auditor itself ... Such a violation (current appointment process) of Article 21, the right to life, extends to the right to live in a society governed by the rule of law and accountability, affecting the interests of the people of India."The petitioners cited the top court's judgment in the Anoop Baranwal case on appointment of Election Commissioners to argue that appointments to constitutional bodies should not be overshadowed by the perception of a 'yes man' deciding the fate of democracy. "The current procedure for appointment of CAG appears to lack independence, raising concerns about absolute control and allegiance to the Executive," the plea added..Senior Advocate Vikas Singh and advocates Varun Singh and Mudit Gupta appeared for the petitioners, led by one Anupam Kulshrestha..[Read Order]