CAG: K Sanjay Murthy Appointed New CAG Amid Growing Calls for Reform

CAG Appointment Amid Calls for Reform

The President Droupadi Murmu has appointed K Sanjay Murthy as the next Comptroller and Auditor General (CAG) of India. Murthy will take over the role from Girish Chandra Murmu, whose tenure as the CAG is set to conclude on November 20. 

The Department of Economic Affairs (DEA) under the Finance Ministry confirmed the appointment through an official notification issued late on Monday. The notification stated: “By virtue of the power vested in her by clause (1) of article 148 of the Constitution of India, the President has been pleased to appoint Shri K. Sanjay Murthy to be the Comptroller and Auditor General of India with effect from the date he assumes charge of his office.” 

Murthy is a 1989-batch Indian Administrative Service (IAS) officer from the Himachal Pradesh cadre. Originally hailing from Andhra Pradesh, Murthy has been serving as the Secretary of Higher Education in the Union Ministry of Education since October 1, 2021. Before this, he held key positions, including Additional Secretary in the Ministry of Commerce and Industry and senior roles in the Ministry of Housing and Urban Affairs. 

CAG Appointment Non-Transparent

Murthy’s appointment as the new CAG comes amidst heightened scrutiny over the process of appointing the nation's top auditor. The procedure has recently been challenged in the Supreme Court through a Public Interest Litigation (PIL), which argues that the current system is "not independent, fair, and transparent." A bench led by former Chief Justice of India D.Y. Chandrachud had issued notices to the Ministries of Law and Justice and Finance in response to the PIL filed by Anupam Kulshreshtha and others, seeking reforms in the appointment process.

The PIL further argued that the existing procedure for appointing the Comptroller and Auditor General lacks transparency and violates both the constitutional mandate and the vision of the nation’s Founding Fathers. While the Constitution stipulates that the CAG shall be appointed by the President of India under his/her hand and seal, it does not prescribe a specific method for the selection process. The petition emphasised that any such process must adhere to constitutional principles, be non-arbitrary, and ensure the selection of the most qualified individual for the crucial role.

The PIL outlined the established procedure for appointing the CAG, which, it argued, undermines constitutional principles. According to the petition, the Cabinet Secretariat, led by the Cabinet Secretary, shortlists names and forwards them to the Prime Minister, who then selects one candidate and recommends the name to the President of India. Upon the President's approval, the C&AG is appointed under the President's warrant and seal.

The petition contended that this process is inherently flawed and contravenes the intent of the Constitution and the Constituent Assembly. It argued that the Founding Fathers envisioned a system free from interference by the executive or legislature. However, the current mechanism grants undue control to the executive, effectively limiting the President’s role to rubber-stamping the Prime Minister’s recommendation without a transparent or impartial selection process.

The Probe has started an in-depth investigative series shedding light on the far-reaching consequences of a non-transparent process for appointing the Comptroller and Auditor General. The series examines how the lack of transparency impacts the functioning of the CAG’s office and raises critical 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. The series draws attention to why the process of appointment of the CAG must evolve into one that is independent, fair, and aligned with constitutional values.