CAG appointment amid calls for reforms
President Draupadi Murmu has appointed K Sanjay Murthy as the next Comptroller and Auditor General (CAG) of India. Murthy will take over from Girish Chandra Murmu, whose CAG tenure ends on November 20.
The Department of Economic Affairs (DEA) under the Ministry of Finance issued a notification late Monday confirming the appointment. The notification said: “In virtue of the powers conferred by clause (1) of Article 148 of the Constitution of India, the President is pleased to appoint Mr. K. Sanjay Murthy as Comptroller and Auditor General of India. From the date he assumes office.”
Murthy is a 1989 batch Indian Administrative Service (IAS) officer of the Himachal Pradesh cadre. Originally from Andhra Pradesh, Murthy has been serving as Higher Education Secretary in the Union Ministry of Education since October 1, 2021. Earlier, he held key positions including Additional Secretary in the Ministry of Commerce and Industry. Ministry of Housing and Urban Affairs.
CAG appointment non-transparent
Murthy’s appointment as the new CAG comes amid heightened scrutiny over the process of appointing the nation’s top auditor. The process has recently been challenged in the Supreme Court through a Public Interest Litigation (PIL) arguing that the current system is “not free, fair and transparent”. A bench headed by former Chief Justice of India DY Chandrachud issued a notice to the Ministry of Law, Justice and Finance in response to a PIL filed by Anupam Kulshrestha and others seeking reform in the appointment process.
The PIL further argued that the existing procedure for appointment of Comptroller and Auditor General lacks transparency and violates both the constitutional mandate and vision of the nation’s founding fathers. While the Constitution provides for the appointment of the CAG by the President of India under his hand and seal, it does not prescribe any specific method for the selection process. The petition emphasized that any such process must follow constitutional principles, be non-arbitrary and ensure the selection of the most qualified person for the important role.
The PIL outlined the procedure established for the appointment of the CAG, which it argued violated constitutional principles. According to the petition, the Cabinet Secretariat headed by the Cabinet Secretary selects the names and forwards them to the Prime Minister, who selects a candidate and recommends the name to the President of India. With the approval of the President, the C&AG is appointed under the President’s warrant and seal.
In the petition, it is claimed that this process is inherently flawed and against the spirit of the Constitution and the Constituent Assembly. It argued that the Founding Fathers envisioned a system free from executive or legislative interference. However, the current mechanism provides undue control to the executive, effectively limiting the role of the president to rubber-stamping the prime minister’s recommendations without a transparent or fair selection process.
The inquiry has launched a series of in-depth investigations highlighting the far-reaching consequences of the non-transparent process for the appointment of the Comptroller and Auditor General. The series examines how the lack of transparency affects the functioning of the CAG’s office and raises serious questions about accountability and governance.
Readers can explore Part 1 and Part 2 of the series for detailed insights. Stay tuned for Part 3, where we delve deeper into the systemic challenges within the CAG’s office and highlight the urgent need for reform. This series draws attention to why the CAG’s appointment process is independent, fair and consistent with constitutional values.