Supreme Court Issues Notice On Petition For CJI’s Role In CAG Appointment Process

The Supreme Court has issued a notice to the Central Government, seeking a reply on a petition demanding the inclusion of the Chief Justice of India (CJI) in the appointment process of the Comptroller and Auditor General (CAG) of India.

The bench, comprising Justice Suryakant and Justice N Kotishwar Singh, has tagged the case with another petition that challenges the current system for selecting the CAG chief.

Petition Calls For Independent Panel For CAG Appointment

The petition opposes the existing procedure of appointing the CAG on the recommendation of the Prime Minister.

The petitioners argue that the appointment process should be more transparent and impartial.

They propose forming an independent panel for the selection, which would include the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.

This panel would ensure a fairer and more balanced approach to appointing the CAG.

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During the hearing, the court expressed its view that the matter should be referred to a three-judge bench.

However, Prashant Bhushan, the lawyer representing the petitioner, argued that this issue is a constitutional matter and should therefore be sent to a Constitution Bench for further consideration.

Current Appointment Process Under Scrutiny

The petition, filed by the Centre for Public Interest Litigation (CPIL), points out that under the current system, the President of India appoints the CAG on the recommendation of the Prime Minister.

The petition stresses that given the significance of the CAG role, it is crucial to appoint a qualified and impartial individual.

The petitioners urge the Supreme Court to include the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India in the selection process to ensure greater independence and fairness.

Previous PIL And Constitutional Concerns

This petition builds on a previous Public Interest Litigation (PIL) filed in the Supreme Court, which also sought directions to ensure a fair, transparent, and independent appointment process for the CAG, as outlined in Article 148 of the Constitution.

The petition underscores that while the Constitution mandates the President to appoint the CAG, it does not specify the selection method, leaving room for arbitrary practices.

The petitioners argue that the process must align with constitutional principles and be free from any arbitrariness.

The petition further highlights that the Cabinet Secretariat currently shortlists names without any clear criteria for the Prime Minister’s consideration, from which the Prime Minister selects a name to forward to the President.

This process, according to the petitioners, lacks the necessary transparency and impartiality required for such an important constitutional office.

The Supreme Court’s notice to the Central Government marks the beginning of a crucial examination of the process for selecting the CAG, a role critical to ensuring accountability in government spending.