CAG empowerment bill likely in winter session of Parliament

Nivedita Mookerji: New Delhi: DNA Tuesday, Oct 12, 2010

The draft bill, to replace the CAG (Duties, Powers and Conditions of Service) Act 1971, will seek to empower the Comptroller & Auditor General (CAG) to enforce his right to records, information and clarifications from government entities and officers in a timely manner, it is learnt.

The draft bill is expected to be tabled in Parliament during the winter session beginning November 8.

Among the many objectives of the new legislation is to readjust the mandate of CAG “with the changing pattern of outflows from public exchequer to local bodies, NGOs, societies and other non-government entities in keeping with the requirements of transparency, accountability and probity in use of public funds,” a source pointed out.

CAG is also seeking timely placement of its audit reports in Parliament and state legislatures. While stressing on the need to empower CAG in terms of right to records and information, a recent presentation made by the organisation said that “similar constitutional authorities/statutory bodies such as Central Vigilance Commission (CVC), Central Information Commission (CIC) and tax authorities have been bestowed with powers that are far more extensive and include summoning of government officers and others to seek information/clarification under oath.” CAG’s argument is that currently its right to information is weaker than that of an ordinary citizen under the RTI Act. So, now the CAG draft talks of inviting penalty similar to that provided under the RTI Act for “wilful and unacceptable delay in complying with its request for records, information or clarifications.”

The issues and concerns raised by CAG from time to time include delay in placement of the audit reports in Parliament. It has pointed out that CAG’s reports cannot be discussed by the Public Accounts Committee (PAC) and are hardly ever acted upon suo-moto by the government unless presented to Parliament/Legislature.

According to CAG, reframing of its rules and regulations is urgently required as “the law on audit and accounting of public money has remained practically static in the last 40 years.”