Monday, August 27, 2012

“ It is only a CAG who can fearlessly Interrogate The Government “ - Former Solicitor General of India

It is only a CAG who can Fearlessly Interrogate The Government . That is why the Founding Father of The Constitution have provided that CAG can not be removed and he has to be removed in same manner as the Supreme Court Judge . That is the kind of special security which the Constitution gives to the CAG to ensure the Quality of its Independence . It is there to ensure the Accountability on the part of Executive . As Parliament can not actually review the functioning of the Executive on day to day basis , The Founding Father of Constitution put in place the CAG with the Virtue & Objectivity and Independence same as that of Supreme Court Judge.

The Report of CAG would be critically analysed by Parliament and its Bodies . And , If The Parliament thought that the CAG had not done its work properly , Parliament & Its bodies could take it to task .  Parliament has Right to Demand from the CAG Any Explanation Pertaining to its Conduct . Parliament can Summon CAG and Question CAG . Parliament can ask him and that is why we have a system of Public Account Committee (PAC) .

The CAG has mandate to Scrutinize Transparency in Procurement and the Way in which the things has been done , acting like a watchdog . If a watchdog in not allowed to criticise , then what kind of Parliamentary Accountability will we ever get ? Its Reports are based on Records and Policies of Govt. placed before it . It is Not expected to frame an Alternative Policy by CAG . But we must understand that CAG can Certainly Test the Present Policy and the Way it is being implemented . That is certainly within its Mandate . It can certainly go into the Question whether the Govt. of the day has correctly and in an Accountable manner carried out a pure process of execution or not .

It is not the first that Performance Audit is done by CAG . But  Yes , The CAG has gone public . CAG has to looked at the concept of Performance Audit . It is a Very - Very Subjective opinion and , of course , there is a lot of thinking about how a Performance Audit has to be done . The CAG has been Transparent about Performance Audit . A better way may be that , There ought to be more public consultation bu CAG on this issue . The Govt. must look at CAG Report as one for introspection and not simply something for Denial . It should not look at a Report just to Dismiss it . It may Disagree with the Conclusions . There could be in the Report that should set the Govt. on the Process of Self - Correction .

Further , The existing Constitutional Institutions should be given an Important Place for Accountability and Governance .  The CAG is Not expected to be a Silent Spectator . The day , We find the CAG can not Interrogate Govt. action , CAG meant to be at Arm’s Length from Government . This means that We are Muzzling another Constitutional Institution . It will be very Detrimental to Parliamentary form of Democracy . A Mature Parliament will have to put its head together and find a concrete answer . These are Processes to Correction and it must Never be discouraged . However Harsh or Extreme , Constitutional Institutions must to be allow to take place its Sprite in a Democracy .