Section 4 of The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971
Term of Office
Original Text
Provided that where he attains the age of sixty-five years before the expiry of the said term of six years, he shall vacate such office on the date on which he attains the said age:
Provided further that he may, at any time, by writing under his hand addressed to the President, resign his office.
Explanation.—For the purpose of this section, the term of six years in respect of the Comptroller and Auditor-General holding office immediately before the commencement of this Act, shall be computed from the date on which he had assumed office.
Visual Summary
Summary
Section 4 defines the duration of the Comptroller and Auditor-General’s service. It establishes a dual-limit system: a fixed tenure of six years or a retirement age of sixty-five years, whichever occurs first. This ensures that the office holder has a secure tenure but does not serve indefinitely. Additionally, it provides the mechanism for voluntary exit, requiring a resignation letter addressed specifically to the President of India.
Key Takeaways
- Fixed Tenure: The CAG is appointed for a specific term of 6 years.
- Upper Age Limit: Service cannot continue beyond the age of 65, even if the 6-year term is incomplete.
- Resignation Authority: Resignation must be written and addressed to the President, not the Prime Minister or Parliament.
Key Analysis
- ➤ Independence through Tenure: By fixing a 6-year term that is independent of the government’s pleasure (unlike many other posts), Section 4 reinforces the CAG’s independence, allowing them to audit without fear of immediate removal.
- ➤ The “Whichever is Earlier” Principle: The provision creates a strict cutoff. A person appointed at age 62 can only serve for 3 years (until 65), not the full 6 years. This aligns with high constitutional offices to ensure mental agility and rotation.
- ➤ Constitutional Alignment: This section operationalizes the mandate of Article 148 of the Constitution, which requires Parliament to determine the conditions of service.
Key Ingredients
- Assumption of office date.
- Calculation of 6 calendar years from assumption.
- Verification of date of birth to determine 65th birthday.
- Written resignation under hand (if applicable).
Related Provisions
Practical Illustrations
Process Flowchart
Practice Questions
Q: What is the maximum term of office for the Comptroller and Auditor-General under Section 4?
- A. 5 years
- B. 6 years
- C. 7 years
- D. Until the pleasure of the President
View Correct Answer
Reasoning: Section 4 explicitly states that the Comptroller and Auditor-General shall hold office for a term of six years.
Q: To whom must the Comptroller and Auditor-General address their resignation?
- A. The Prime Minister
- B. The Chief Justice of India
- C. The Speaker of the Lok Sabha
- D. The President
View Correct Answer
Reasoning: The second proviso of Section 4 states that he may resign by writing under his hand addressed to the President.
Q: If a CAG is appointed at age 62, how long can they serve?
- A. 6 years
- B. 3 years
- C. 5 years
- D. 4 years
View Correct Answer
Reasoning: They must vacate office upon attaining the age of 65. Since they are 62, they have only 3 years remaining until they turn 65.
Frequently Asked Questions
Can the CAG’s term be extended beyond 6 years?
Does the 6-year term apply if the CAG is already 64?
What was the purpose of the Explanation clause in Section 4?
Conclusion
Section 4 is a cornerstone of the CAG’s independence, ensuring a fixed tenure that protects the office holder from executive whims while mandating a retirement age to ensure the office remains dynamic. By clearly defining the limits of service (6 years or age 65) and the method of resignation, it provides the structural stability necessary for the CAG to perform their auditing duties without fear or favor.