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Tag: comptroller and auditor general

CAG and constitution

Posted on November 16, 2012 by Vincent Augustine D'Souza

Article 324 deals with Election Commission. It states, among other things, “The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix…” CEC is enough. ECs are optional. For a long time India had only CEC. In 1989 Rajiv Gandhi government appointed two ECs. Rajiv Gandhi was unhappy with R. V. S. Peri Sastry. When V. P. Singh government came to power they removed the two ECs. When T. N. Seshan became CEC he took decisions that favoured Congress. Janata Dal wanted his removal. P. V. Narasimha Rao promised that but did not keep his promise. Later T. N. Seshan became a problem for Congress. Then Congress government appointed two ECs. As the governments changed they continued with Election Commission as a three-member body. They promoted ECs as CECs and brought as ECs people who thought were suitable for them. Sometimes the calculations went wrong.

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Impeachment and Removal

Posted on September 6, 2011 by Vincent Augustine D'Souza

Nowadays there has been lot of talk impeachment of Justice Soumitra Sen. It is wrong to talk of impeachment of a High Court Judge. A High Court Judge is removed, not impeached.

The constitution of India provides for the impeachment of President and removal of Vice President, Deputy Chairman of the Council of States (Rajya Sabha), Speaker and Deputy Speaker of the House of the People (Lok Sabha), Comptroller and Auditor General of India, Chief Election Commissioner, Speaker and Deputy Speaker of Legislative Assembly, Chairman and Deputy Chairman of Legislative Council, Judges of Supreme Court and High Courts and members of Public Service Commissions. Attorney General and Governors hold office during the pleasure of the President. Advocate General holds office during the pleasure of the Governor.

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