CAG office, Delhi | Photo courtesy: The Probe team
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CAG Under Scrutiny: SC Seeks Centre’s Response
The Supreme Court, on Monday, March 17, 2025, issued a notice to the Centre, seeking its response to a Public Interest Litigation (PIL) challenging the appointment of the Comptroller and Auditor General of India (CAG). The PIL, filed by the Centre for Public Interest Litigation (CPIL) against the Union of India, has brought the selection process of the country’s top auditing body under judicial scrutiny.
The Supreme Court’s notice follows revelations brought to light by the PIL, which relied on investigative reports from The Probe on the matter. The Probe’s reports exposed alleged irregularities in the functioning of the C&AG office and highlighted the opaque process behind the appointment of the Comptroller and Auditor General of India.
Representing the CPIL, advocate Prashant Bhushan argued before the court that the current practice—where the Executive, led by the Prime Minister, unilaterally appoints the CAG—violates Article 14 of the Constitution and undermines its basic structure. The PIL demands a major reform, urging the Comptroller and Auditor General of India be appointed by the President in consultation with an independent and neutral selection committee, including the Prime Minister, the Leader of the Opposition, and the Chief Justice of India, to ensure fairness and accountability in the process.
In its order, the Supreme Court bench, comprising Justice Surya Kant and Justice N. Kotiswar Singh, directed the Union Government to respond to the PIL challenging the CAG’s appointment. The court has also linked this case with an existing writ petition filed by Anupam Kulshreshtha, which raises similar concerns. Notably, the apex court had previously issued a notice in Kulshreshtha’s petition on January 25, 2024, and that matter remains pending adjudication.
The petition highlights the critical role of the Comptroller and Auditor General of India’s office as a guardian of government finances, emphasising its importance in upholding transparency and accountability across Central and State Governments, as well as Panchayati Raj Institutions. It states, “The C&AG acts as a watchdog over government accounts and expenditure,” providing reports that fuel public debates and serve as vital resources for parliamentary committees like the Public Accounts Committee (PAC). These reports enable scrutiny of government spending, inform policy making, ensure essential service delivery, and guide legislative drafting. However, the petition argues that the appointment process must be fair, transparent, and free from bias to preserve the CAG’s integrity. It alleges that, despite constitutional safeguards intended to shield the office from Executive overreach, political interference has increasingly crept in, jeopardising the very purpose of this constitutional body.
PIL Cites The Probe’s Reports on CAG Irregularities
The PIL further draws on a series of investigative stories by The Probe to substantiate claims of political and executive interference in the operations of the Comptroller and Auditor General of India. It specifically cites The Probe’s detailed exposés, which include documentary evidence of concerning interventions. Among the issues highlighted are the abrupt stalling of a theme-based audit of a national project in 2023, where a directive from the C&AG office halted an ongoing evaluation mid-process. The petition also references The Probe’s report on the shelving of a critical performance audit on debt sustainability, raising questions about the motives behind such a decision. Additionally, it points to the sudden suspension of audits in Maharashtra ahead of the Lok Sabha and State Assembly elections, suggesting a pattern of strategic delays.
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