Constitutional Bodies

Model Answer

Role of the Comptroller and Auditor General (CAG) in Ensuring Checks and Balances

In a democracy, preventing the misuse of power by the government is crucial, and a system of checks and balances is essential to this process. The Comptroller and Auditor General (CAG) of India, as established under Article 148 of the Indian Constitution, plays a vital role in this system. Its primary responsibility is to ensure that public funds are used efficiently, legally, and transparently, thereby holding the government accountable to the people.

The CAG conducts various types of audits to monitor government spending. These include legal and regulatory audits, where it verifies that the expenditure from public funds has been authorized by the necessary authorities and spent as per the approved budget. It also performs propriety audits to evaluate the wisdom and economy of government spending, addressing issues like wastefulness or extravagance. The performance and efficiency audits assess the effectiveness of government programs and their alignment with social and economic objectives. Importantly, CAG’s reports are laid before the Parliament and state legislatures, where they are scrutinized by the Public Accounts Committee (PAC), ensuring accountability.

Reforms to Enhance the Effectiveness of the CAG

While the CAG’s role is essential, several limitations hinder its effectiveness. The audit is conducted post-facto, based only on the documents provided, without the ability to verify the actual use of resources. This reactive approach restricts the CAG’s ability to play a more proactive role, like its counterparts in other countries such as the UK. Furthermore, the lack of a clear qualification requirement for the CAG and an opaque appointment process reduces its credibility.

To strengthen the CAG’s function, the following reforms are suggested:

1. Multi-Member Body: The CAG should be transformed into a multi-member body to handle the vast responsibilities efficiently, similar to Japan’s Audit Commission.
2. Technical Expertise: A mandatory requirement for technical expertise in auditing and financial management should be introduced for the CAG’s appointment.
3. Transparent Appointment Process: The appointment of the CAG should be made through a transparent process, perhaps by a committee like the one used for the Central Vigilance Commission (CVC).
4. Expanded Powers: The CAG should have the power to audit all government-controlled entities handling public funds, ensuring greater coverage and transparency.
5. Role as an Officer of Parliament: Designating the CAG as an officer of the Parliament would empower it to speak in Parliament, defend its reports, and enhance its influence.

Conclusion

The CAG’s role is indispensable in ensuring government accountability and transparency. Through these proposed reforms, it can be made more effective, proactive, and credible, thereby strengthening India’s democratic system.

Model Answer

Introduction

The Election Commission of India (ECI), under Article 324 of the Constitution, plays a pivotal role in maintaining the integrity of India’s democratic process. Its duties include overseeing the preparation of voter lists, deploying security during elections, and raising electoral awareness. The ECI also ensures that the Model Code of Conduct (MCC) is adhered to during elections, taking strict action against any violations by political parties or candidates. Additionally, it monitors electoral malpractices, such as rigging or vote-buying, and takes appropriate actions to preserve fairness in elections.

The Impact of the Chief Election Commissioner and Other Election Commissioners Act, 2023

The Chief Election Commissioner and Other Election Commissioners Act, 2023 was introduced to strengthen the ECI’s independence. The Act addresses critical aspects like ensuring no re-appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), thereby insulating them from potential executive influence. Furthermore, the Act outlines a new selection committee for the appointment of the CEC and ECs, consisting of the Prime Minister, a Cabinet Minister, and the Leader of Opposition in the Lok Sabha.

However, concerns have emerged about the potential impact of the new Act on the ECI’s autonomy. One of the primary concerns is the composition of the selection committee, which has an executive majority. This could lead to politically motivated appointments, undermining the impartiality of the ECI. Moreover, the Act allows the selection committee to bypass the recommendations of the Search Committee, which could further compromise the ECI’s independence. Additionally, the Act limits the eligibility for CEC and EC positions to individuals who have previously held high-ranking government positions, potentially excluding candidates with diverse backgrounds and expertise.

The Act also equates the salaries of the CEC and ECs to that of the Cabinet Secretary, raising concerns that the government may exert indirect control over the ECI.

In conclusion, while the Chief Election Commissioner and Other Election Commissioners Act, 2023 aims to protect the ECI’s independence, it introduces elements that may undermine the Commission’s autonomy, potentially influencing its ability to conduct free and fair elections.

Model Answer

Introduction

Inter-state water disputes have long been a source of tension in India, affecting national unity and development. Despite constitutional mechanisms like Article 262 and the Inter-State Water Disputes Act, 1956, these provisions have not effectively resolved disputes over shared water resources.

Constitutional Mechanisms for Resolving Water Disputes:

1. Article 262: This article grants Parliament the authority to establish tribunals for resolving inter-state water disputes related to rivers and river valleys.
2. Inter-State Water Disputes Act, 1956: This law provides the framework for setting up tribunals, defining their powers and procedures, and outlining the principles of water allocation.
3. Entry 56 of the Union List: This entry allows the Union Government to regulate and develop inter-state rivers, provided Parliament deems it in the public interest.

Reasons for Ineffectiveness

1. Complexity of Disputes: Water disputes involve complex scientific data, including hydrology and environmental concerns, making negotiations challenging.
2. Diverse Stakeholders: Different groups such as farmers, industries, and environmentalists have conflicting interests, complicating consensus-building.
   • Example: The Cauvery water dispute involves four states—Tamil Nadu, Karnataka, Kerala, and Puducherry—each with differing water needs and political interests.
3. Politicization of Water: Water issues are often exploited for political gain, with short-term political motives overshadowing long-term solutions.
4. Absence of River Boards: Despite legislative provisions, no river boards have been created, leading to fragmented and unsustainable water management practices.
5. Judicial Interventions: Frequent Supreme Court interventions in ongoing disputes, like the Cauvery case, have led to delays and confusion, preventing long-term resolutions.

Proposed Solutions

1. Promote Dialogue and Cooperation: Establish River Basin boards and joint management authorities to encourage collaborative decision-making and dispute resolution.
2. Develop a National Water Information System: Create a transparent system to collect and share water resource data, facilitating informed decision-making.
3. Judicial Restraint: Encourage the judiciary to exercise restraint and respect tribunal rulings, minimizing delays in resolution.
4. Alternative Water Sources: Explore sustainable alternatives such as rainwater harvesting, groundwater recharge, and desalination to reduce dependency on shared river water.
5. Public Awareness and Participation: Engage the public in water conservation efforts and promote equitable sharing of water resources.

Conclusion

Despite constitutional frameworks and legal mechanisms, inter-state water disputes remain unresolved due to a combination of complex issues, political agendas, and institutional weaknesses. A comprehensive approach, including legal reforms, improved cooperation, and public participation, is essential to resolve these disputes effectively and equitably.

Model Answer

Introduction

In 2023, the government introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill to regulate the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs). This move follows a significant Supreme Court judgment in March 2023, which challenged the central government’s exclusive control over these appointments.

Supreme Court Judgment (March 2023)

1. Issue at Hand: The Court examined a petition that questioned the existing practice, where the central government had sole discretion in appointing the CEC and ECs.
2. Judgment Details: The Court ruled that the current system was unconstitutional, as it compromised the independence of the Election Commission (EC).
3. Proposed Selection Committee: The Court established a new framework, recommending a committee consisting of the Prime Minister, Leader of the Opposition (or largest opposition party in Lok Sabha), and the Chief Justice of India (CJI) to recommend appointments.
4. Reasoning: The Court emphasized the importance of an independent Election Commission to guarantee free and fair elections, which is crucial for India’s democracy.

Government Bill (August 2023)

1. Objective: The Bill aims to formalize the process of appointing the CEC and ECs, replacing the existing system with a more structured framework.
2. Proposed Selection Committee: The Bill suggests a committee comprising the Prime Minister, the Home Minister, and the Leader of Opposition in the Lok Sabha.
3. Concerns: Critics argue that the inclusion of the Home Minister—an active political figure—compromises the neutrality of the selection process, unlike the CJI, who is seen as an independent authority.
4. Deviating from Court Judgment: The Bill replaces the CJI with the Home Minister in the selection committee, which raises questions regarding the government’s commitment to judicial independence.
5. Government’s Rationale: The government argues that Article 324(2) of the Constitution gives Parliament the power to enact such a law, asserting that the Bill is within constitutional limits.

Suggested Measures

1. Enhancing Independence: Appointments should involve a bipartisan committee that includes a range of stakeholders. Additionally, the minutes of the selection committee should be made public to ensure transparency.
2. Judicial Restraint: While judicial activism is essential, the judiciary must exercise caution to avoid overreach and only intervene when necessary to uphold the Constitution.
3. Independent Election Commission: The EC should be granted full autonomy, with a dedicated cadre of officers responsible for election-related duties.
4. Strengthening Infrastructure: Following the Supreme Court’s recommendation, the government should establish a permanent secretariat for the EC and ensure it has adequate funding and infrastructure.

Conclusion

The Supreme Court’s ruling and the government’s Bill highlight the delicate balance between ensuring an independent Election Commission and maintaining governmental oversight. It is vital to preserve the impartiality and transparency of the Election Commission to safeguard the integrity of India’s democratic process. The ongoing discourse around these issues must carefully weigh the principles of accountability, independence, and fairness to strengthen India’s electoral system.