Describe the function of the UPSC. List the constitutional measures that are in place to protect and guarantee the UPSC’s impartiality and independence. (Answer in 200 words)
Model Answer Introduction The Comptroller and Auditor General (CAG) of India, established under Article 148 of the Constitution, serves as a constitutional authority tasked with auditing the accounts of both the Union and State governments. Acting as the guardian of public finances, the CAG plays aRead more
Model Answer
Introduction
The Comptroller and Auditor General (CAG) of India, established under Article 148 of the Constitution, serves as a constitutional authority tasked with auditing the accounts of both the Union and State governments. Acting as the guardian of public finances, the CAG plays a critical role in ensuring transparency, accountability, and financial propriety in government operations.
Method and Terms of Appointment
Constitutional Status
The CAG is appointed under Article 148, which guarantees its independence and autonomy. This constitutional backing is vital for the integrity of the office.
Appointment Process
The appointment of the CAG is made by the President of India based on the advice of the Prime Minister and the Council of Ministers. This process helps maintain the CAG’s political neutrality and impartiality.
Security of Tenure
The CAG enjoys a fixed tenure of six years or until the age of 65, whichever comes first. This provision ensures stability, allowing the CAG to perform its duties without external pressure.
Removal
The removal of the CAG can only occur through a process akin to that of a Supreme Court judge, requiring a resolution passed by both Houses of Parliament on grounds of proved misbehavior or incapacity. This mechanism reinforces the independence of the CAG.
Range of Powers
Auditing
The CAG has the authority to audit all receipts and expenditures of the Union and State governments, including government-owned corporations. This function ensures accountability in public financial management.
Reporting
The CAG submits audit reports to the President or Governor, who then presents these reports to the Parliament or State Legislature. This legislative scrutiny fosters transparency in government finances.
Disallowance
The CAG can disallow expenditures that contravene the Constitution or the law and surcharge responsible officials, thereby upholding fiscal discipline.
Accounting Standards
The CAG prescribes accounting standards and principles for government entities, promoting uniformity and reliability in financial reporting.
Advisory Role
Additionally, the CAG provides advisory services to the government on public finance matters, reinforcing its role as an expert authority.
Conclusion
The CAG is instrumental in safeguarding public finances and ensuring good governance in India. Through its robust system of auditing, reporting, and advisory functions, the CAG enhances transparency and accountability in government financial decisions.
See less
Answer: UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the 'watch-dog of merit system' in India and in this regard, it has the following roles: It conducts examinations foRead more
Answer:
UPSC was created as the central recruiting agency and is an independent constitutional body constituted under Article 315 of the Indian Constitution. It has been visualized as the ‘watch-dog of merit system’ in India and in this regard, it has the following roles:
However, some experts argue that UPSC has certain limitations:
Considering the importance of UPSC, the Constitution has provided following the provisions for ensuring independent and impartial functioning of the organization:
- Security of Tenure: Article 316(2) provides that the member of a Public Service Commission shall hold the office for the term of six years from the date on which he has entered upon his office and in the case of Union Commission; the age is of sixty-five years.
- Tough removal process: Article 317 provides that the Chairman or any other member of the Public Service Commission can only be removed from his office by order of the President on the ground of misbehaviour after an enquiry done by Supreme court.
- Conditions of service: Article 318 of the Constitution provides that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his appointment.
- Charged Expenditure: Article 322 provides that the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India and not subject to vote of Parliament.
- Check on Re-appointments: Article 319 (a) provides that the Chairman is not eligible for further employment in Government of India or state. Further, a member of UPSC is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Gol or a state.
- Memorandum on non-acceptance of recommendation: Article 323 provides that along with the report of the working of the Commission, a memorandum explaining the cause of non- acceptance of the Commission’s recommendations would also be laid down before the two Houses by the President.
See less