SARVESH BISARIA Vs. UOI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL) seeks the following relief:

(2.) Though the petition is filed by a practicing Advocate of this Court but in the entire petition, no basis in law, for the aforesaid reliefs claimed is disclosed. All that the petition does is:-

(3.) We at the outset only enquired from the petitioner appearing in person, whether not the petitioner was wanting us to rewrite the Constitution. Chapter V (titled Comptroller and Auditor General of India) of Part V (titled The Union) of the Constitution deals with the Comptroller & Auditor General of India (CAG). Article 148 therein prescribes for a CAG to be appointed by the President and the manner and terms and conditions of appointment and removal thereof. Article 149 thereunder prescribes the duties and powers of the CAG. Article 150 provides that the accounts of the Union and of the State to be kept in such form as the President may, on the advise of the CAG prescribe; and finally Article 151 provides that the reports of the CAG relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of the Parliament and the reports of the CAG relating to the accounts of a State shall be submitted to the Governor of the State who shall cause them to be laid before the Legislature of the State. It thus follows that it is the Parliament / Legislature of the State which has to peruse the audit reports of the CAG. Though it is not expressly provided but it also follows that it is the Parliament / Legislature of the State which has to thus take action also on the basis of the said reports.