Comptroller & Auditor General


CAG
  • Article 148 - Guardian of public purse 
  • A 149 - parlia - prescribe power & duties - CAG act, 1971
  • Financial acctly - of exec to parlia-  guide PAC
  • 4 bulwark of democracy: SC, UPSC, EC, CAG
  • Ambedkar:
    • most important office under the constitution
Independence
  • Security of tenure - removal  like SC judge
  • No post-retirement job,
  • Salary & services determined by parliament, 
  • Admin power of IA&AS  
  • expenditure charged upon CFI
Function
  • Types of audit: 
    • Compliance audit (Obligatory)-with rules & regulation 
    • Finance audit - financial & regulatory framework FRBM
    • Performance audit: (discretionary) - Economy, efficiency & effectiveness
      • Efficiency audit: largely of PSUs
      • Propriety audits:  wisdom behind the financial transaction
  • Audit and report:
    • CFI, PAI, Contingency FI
    • expenditure and receipt
      • All accounts of depts. of union and state
      • Substantially financed bodies by the govt.
    • Audit of Govt. corporation
    • Other: if President and governor thinks so
    • helps the FC
    • For states it maintains the accounts also
    • 3 report to prez Appropriation account, Finance Account, Public Undertaking account
Issues
  • Appointed by central govt - COI - Qn on exec accountability 
  • Post facto Audit
  • Only auditor, not comptroller unlike UK
  • Not member of parlia - UK
  • Exceed mandate - eg -2g, Coal scam, Overreach - Propriety audits
  • Policy Paralysis - bureau bcom risk-averse ,
  • audit delays, 
  • 1% report analysed by PAC
  • Right to information of CAG is weaker then citizens
  • Single-member or multi member body
  • Accountability of CAG
  • Non-disclosure of its reports 
  • Expertise:
    • New tools, business, and in other roles like industries etc, it lacks expertise
    • Archaic thinking: it has not change itself as per the new business techniques
      • eg. Telecom Audits
Appointment
  • At the discretion of Executive
    • Elsewhere consultative process
      • Australia : subject to approval of PAC
      • US : subject to confirmation by Senate
      • UK : through resolution followed by an agreement between PM and chairperson PAC
      • Should be appointed by collegium system   (PM. LoP. CJI)
  • Generalist vs Specialist :  Generally appointed an IAS officer
    • Conflict of interest
    • Lack of expertise and knowledge
  • Qualification: not given in constituents 
Single member body
  • No comparative study done on multi-member body
    • Most countries follow single member body
Propriety  Audit
  • For
    • Tax payer's money: Better scrutiny
    • Major Frauds : can only be unearthed by it like 2G scam
    • Can be seen as extended powers
  • Against
    • Context: may not be able to comprehend
      • leading to abrupt estimation
    • Knowledge: limited about policy and administration
    • Invasive audit: affect decision-making power
      • overreaching the administrative domains of the executive 
    • Differentiation: Bonafide mistake and malafide intentions
  • APPLEBY's Criticism
    • Admintration and auditing are two different things.
    • CAG do not know much about the problems

  • Conclusion
    • Role of Audit: improving governance rather than fault finding
    • Internal Audit:
      • Should be made better
      • quality improvement can improve the relationship
    • Watchdog not blood hound     
Power and capacity
  • Understaffed
  • Audit queries: not replied promptly
    • RTI power is Even smaller then an ordinary men
  • No power of civil court
Accountability to Parliament
  • Benefits
    • Will reduce discretionary powers of CAG, enhance answerability of its actions and ensure its strict adherence to auditing procedures.
    • Expertise to accountability in Parliament
    • Already in US, Australia and UK
  • Concerns
    • CAG will loose independence
    • Overburdening
    • Balance between executive and the legislature will be disturbed
  • Conclusion
    • It is not the Parliament that is supreme, it is the Constitution. CAG already is accountable to constitutional provisions. Making CAG accountable to parliament has apparent benefits but it will undermine the institution's sanctity and independence.
    • It may be allowed that CAG may take part in parliamentary proceedings from time to time and bring its expertise for cases to cases, rather than becoming directly accountable to parliament
New roles and reports
  • Private:
    • SC has allowed for the audits of Private telecom companies that exploit public assets
    • Private telcos are supposed to pay license fee and spectrum usage charges to the government annually. As per CAG telecom players suppressed revenues through account adjustments
  • Schemes
  • Dept.:
    • Defense
    • Railways
way forward
  • All India PAC conference - CAG --> independent & part of PAC {UK, Aus}
  • Multimember body to appoint CAG like lokpal , CVC,
  • BIG Data, ML for complex audit
  • Statutory and mandatory Disclosure of all the audit reports 
  • PPP under CAG (Vinod Rai)
  • Access to records to cag on priority
  • Reductive Pricing audit -removing sensitive security detail/ Blackening bfor publishing audit report, Rafael
  • Defect rationale of audit , against economy , efficiency, ethics, equity , not further scrutiny possible , loop hole in anti-corruption efforts
  • Pricing decision - detailed analysis , preserve vital role of cag
  • Legal provision to enlarge the right to information of the CAG
    • Power of civil court





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