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I. Attorney General of India (AGI)
A. Role and Position
- Serves as the chief legal advisor to the Government of India.
- Considered the first law officer of the Government of India.
- The Solicitor General of India is another legal advisor and government law officer who assists the AGI.
B. Appointment & Removal
- Appointed by: The President of India.
- Qualifications: Must be qualified to be a Judge of the Supreme Court.
- Tenure: Holds office during the pleasure of the President (can be dismissed at any time).
- Removal: There is no provision for impeachment or parliamentary removal.
C. Rights and Privileges
- Has the right of audience (right to appear and argue) in all courts within India.
- Has the right to participate and speak in the proceedings of either House of Parliament.
- Can be a member of a parliamentary committee.
- Does not have the right to vote in Parliament.
D. Remuneration
- The remuneration is determined by the President (not by Parliament).
II. Advocate General of the State
A. Role and Position
- Serves as the chief legal advisor to a State Government.
B. Appointment
- Appointed by: The Governor of the State.
III. Comptroller and Auditor General of India (CAG)
A. Constitutional Status & Creation
- The office was created by the Constitution of India under Article 148.
- It is an independent constitutional authority.
B. Appointment & Removal
- Appointed by: The President of India.
- Removal: Can only be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court. This requires an address by both Houses of Parliament with a special majority.
C. Term, Salary, and Conditions
- Tenure: 6 years or until attaining the age of 65, whichever is earlier.
- Salary: Equal to that of a Supreme Court Judge.
- Determined by: The Parliament via the CAG (Duties, Powers and Conditions of Service) Act, 1971.
- Post-Retirement: Is disqualified from holding any further office under the Government of India or any State.
D. Key Duties and Powers
- Audits all receipts and expenditures of:
- The Consolidated Fund of India and States.
- The Contingency Funds of India and States.
- The Public Accounts of India and States.
- Audits all trading, manufacturing, profit and loss accounts, and balance sheets kept by any government department.
- Has the authority to audit accounts of stores and stock kept in any government office.
- Audit bodies and authorities are substantially financed by the Consolidated Fund.
- The role extends beyond checking legality to also examining propriety, economy, efficiency, and effectiveness of expenditure (performance audit).
- Does not control the receipt and issue of public money (this is an executive function).
E. Reports and Procedure
- Audit reports on the Union’s accounts are submitted to the President, who places them before Parliament.
- Audit reports on State accounts are submitted to the Governor, who places them before the State Legislature.
- The ultimate responsibility for taking action on the CAG’s reports rests with Parliament (for Centre) and State Legislatures (for the States).
- Reports are examined in detail by the Public Accounts Committee (PAC).
F. Relationship with Parliament
- Known as the “Guardian of the Public Purse” or “Guardian of Public Finance”.
- Acts as a friend, philosopher, and guide to the Public Accounts Committee (PAC).
- The CAG attends the meetings of the PAC.
- The PAC scrutinizes the reports of the CAG.
G. Other Important Facts
- The CAG (DPC) Act was amended in 1976 to separate the Accounts function from the Audit function.
- All administrative expenses of the CAG’s office are charged upon the Consolidated Fund of India.
- Girish Chandra Murmu is the 14th and current CAG of India.
IV. Parliamentary Proceedings
Non-Member Participants
- The Attorney General of India and the Vice-President (in their capacity as Chairman of the Rajya Sabha) can participate in the proceedings of both Houses of Parliament without being a member.
- The Attorney General of India has the right to address the Parliament.
V. Summary of Key Officials
| Official | Appointed By | Primary Role | Jurisdiction |
|---|---|---|---|
| Attorney General (AGI) | President of India | Chief Legal Advisor to the Union Govt. | Government of India |
| Solicitor General | – | Legal Advisor & Law Officer (assists AGI) | Government of India |
| Advocate General | Governor of State | Chief Legal Advisor to the State Govt. | State Government |
| Comptroller & Auditor General (CAG) | President of India | Auditor of all government finances | Union and State Governments |
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