Removal of CAG PDF

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Procedure for removal of CAG...

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Procedure: Removal of CAG Can be based on Gross misbehavior or incapacity only. Art. 124 Clause 4

1. Signature If removal motion introduced in Lok Sabha – should be signed by 100 members If introduced in Rajya Sabha – should be signed by 50 members. Essential to submit it.

2. Submission: Lok Sabha – submitted to speaker Rajya Sabha – submitted to Chairman Speaker/Chairman have the power to admit it or not admit it.

3. If admitted: 3-member committee is constituted to investigate the charges and allegations against the CAG. Committee consists of – CJI (SC) or a senior judge, Chief Justice of HC and a prominent jurist. If committee feels that the CAG is incapable of remaining one, based on investigation, it submits a report to the house (in which it was introduced) for discussion.

4. Next: Both the houses, irrespective of which house it was originally introduced in, must pass the move by a special majority (total majority + 2/3rd of members present and voting).

5. Once passed: It is addressed to the president for removal judge. The president passes an order of removal of CAG. The CAG stands removed from power from that day itself.

Removal motion is started only by the LS or RS. NOTE: No CAG has been removed till date.

CASE LAWS: Krishna Godavari...