🏛️ Unicameral and Bicameral Legislations – Functions and Crisis of Accountability – KPSC Mains Notes
🧭 Introduction
The legislature is the cornerstone of democratic governance, performing the function of law-making, oversight, and representation.
Based on the number of legislative chambers, legislatures are classified into:
Unicameral Legislature – One legislative house.
Bicameral Legislature – Two houses: an Upper and a Lower house.
India, at the Union level, follows a bicameral system (Lok Sabha and Rajya Sabha), while many states like Karnataka have a unicameral legislature, though Karnataka itself is an exception with a bicameral setup.
📘 Key Concepts and Features
🔹 Unicameral Legislature
Comprises only one legislative house.
All legislative, financial, and oversight functions are handled by this single body.
Examples:
Indian states like West Bengal, Kerala, Punjab.
Countries: Sweden, New Zealand.
Advantages:
Economical and efficient.
Quicker legislative processes.
Suitable for smaller and homogenous populations.
Disadvantages:
Lack of checks and balances.
Prone to majoritarianism.
Less representation of diverse interests.
🔹 Bicameral Legislature
Composed of two houses:
Lower House (Lok Sabha / State Legislative Assembly): Directly elected.
Upper House (Rajya Sabha / State Legislative Council): Indirectly elected or nominated.
Functions:
Law-making: Bills must be passed by both houses.
Checks and Balances: Acts as a revising chamber.
Representation:
Upper House represents states (Rajya Sabha) or special groups.
Allows expert opinion and prevents hasty legislation.
Disadvantages:
Delays in law-making.
May create deadlocks.
Extra financial burden.
⚖️ Constitutional Provisions
Article 168: States may have one or two Houses.
Article 169: Parliament can abolish/create Legislative Councils on state request.
Article 79 & 168: Bicameralism at Union and some States (e.g., Karnataka, UP, Bihar).
🧩 Crisis of Accountability
The legislative system, though well-structured, faces multiple accountability issues:
✅ Issues in Unicameral Legislatures
Lack of legislative scrutiny: Absence of a revising chamber can lead to rushed and flawed laws.
Majoritarian tendencies: Governments with large majorities can push laws without real debate.
Reduced representation: Social groups or minorities may not get space to voice concerns.
✅ Issues in Bicameral Legislatures
Rajya Sabha’s limited financial role under Article 110.
Political appointments in upper houses dilute expertise.
Low productivity and disruptions.
Duplication of debates, causing legislative delays.
Legislative Councils in states often face criticism for being redundant.
Karnataka Example:
Karnataka has a bicameral legislature.
Legislative Council seen as less effective due to party politics and limited powers.
Recent debates on abolishing the Karnataka Legislative Council due to low productivity.
🏛️ Government Schemes and Interventions
PRS Legislative Research initiatives for enhancing legislative capacity.
Digital Parliament Project for e-scrutiny.
E-Vidhan System for digital functioning in state legislatures.
🧾 Committees & Reports
Rajamannar Committee (1971): Recommended making legislative councils more effective if retained.
Punchhi Commission on Centre-State Relations (2010): Suggested reforms in legislative processes to enhance federalism.
National Commission to Review the Working of the Constitution (2002):
Advocated for better scrutiny of laws.
Proposed strengthening committee systems.
Second ARC (2007): Emphasized strengthening legislative oversight and accountability mechanisms.
📰 Current Affairs & Relevance
Ongoing debates in several states like Andhra Pradesh and Telangana about creation/abolition of legislative councils.
Concerns over weakening of parliamentary scrutiny during the passage of key bills (e.g., Farm Laws, 2020).
Rajya Sabha becoming partisan: Nominated members voting along party lines.
Low attendance and fewer sitting days in legislative bodies.
Karnataka’s E-Vidhan initiative is a step toward improving transparency and accountability.
📌 Examples & Case Studies
Karnataka Legislative Council:
75 members: Indirectly elected.
Has delayed or returned bills like Anti-cow slaughter bill (2020), showing its role in checks and balances.
Kerala:
Unicameral legislature: Ensures faster passage but lacks a reviewing chamber.
Rajya Sabha Role During COVID:
Less number of sittings and reduced scrutiny of ordinances and bills raised concern over democratic functioning.
✅ Conclusion & Way Forward
Both systems have merits and limitations; the choice should depend on state-specific needs, diversity, and population.
Bicameral legislatures enhance deliberation and representation, but need reforms to function effectively.
Unicameral legislatures should be strengthened through:
Robust committee systems,
Increased sittings,
Public engagement.
Reforms should ensure democratic accountability, not just efficiency.
🚀 Recommendations
Performance audit of legislatures through an independent body.
Mandatory scrutiny of bills by standing committees.
Strengthening the role of Rajya Sabha and Legislative Councils by ensuring expert representation.
Use of technology (E-Vidhan, digital debates) for real-time transparency.
📜 Delegated Legislation – KPSC Mains Notes
🧭 Introduction
Delegated Legislation refers to laws made by subordinate authorities under powers given to them by the legislature.
It is also called subordinate legislation or secondary legislation.
Necessary in modern governance due to the increased complexity, technical nature, and volume of laws needed.
“Delegated legislation is a necessity; it is not a derogation of the legislative power.”
📘 Key Concepts & Features
🔹 Meaning
When the legislature delegates law-making power to the executive or other authorities, the resultant rules, regulations, orders, etc., are termed delegated legislation.
🔹 Forms of Delegated Legislation
Statutory Instruments – Rules and notifications.
Bye-laws – Issued by municipal bodies (e.g., BBMP in Bengaluru).
Orders/Regulations – By ministries or departments (e.g., RBI regulations under Banking Regulation Act).
Experimentation and trial (especially in economic matters).
🛠️ Functions and Utility
Operationalise parent laws with precise rules (e.g., Income Tax Rules under Income Tax Act).
Allow technical experts to make detailed provisions.
Helps in quick response to emergencies (e.g., disaster management rules).
Facilitates regional variations (e.g., traffic rules in different states).
⚖️ Constitutional & Legal Framework
Article 245-248: Legislative powers of Parliament and state legislatures.
Doctrine of Separation of Powers: Delegated legislation must not allow excessive delegation of essential legislative functions.
Judicial Review: Courts can strike down ultra vires delegated legislation.
✅ Types of Delegated Legislation
Type
Description
Conditional Legislation
Law comes into effect only upon executive notification
Sub-delegation
Further delegation by an authority
Skeleton Legislation
Legislature only outlines objectives; details left to executive
⚠️ Challenges and Issues
✅ Constitutional Issues
Excessive delegation undermines the supremacy of legislature.
Risk of executive overreach.
✅ Practical Issues
Lack of legislative scrutiny of rules.
Complexity and inaccessibility of rules for the public.
Insufficient publication and lack of transparency.
✅ In Karnataka
Example: Karnataka Land Reforms Act, 1961 – frequent use of delegated legislation for ceilings, exemptions, etc.
Bangalore Development Authority (BDA) – empowered to make bye-laws under the BDA Act.
Concerns raised by Karnataka Lokayukta about overuse of delegated powers by departments without accountability.
🧾 Government Mechanisms for Control
✅ Legislative Control
Laying Procedure:
Simple Laying – Rule laid before the legislature.
Affirmative Resolution – Needs approval.
Negative Resolution – Becomes law unless annulled.
Parliamentary/Legislative Committees:
Committee on Subordinate Legislation (at Centre and State levels).
✅ Judicial Control
Doctrine of Ultra Vires:
Substantive Ultra Vires – Beyond the scope of authority.
Procedural Ultra Vires – Not following the prescribed procedure.
✅ Executive Control
Supervision by Parent Ministry.
Internal audits and accountability.
🧾 Committees & Reports
L. M. Singhvi Committee on revamping administrative system:
Stressed the need for limiting delegated powers.
Second ARC (2007) – Recommended codifying parameters for delegation.
Law Commission of India (60th Report):
Delegation must be guided by policy, limited, and clearly defined.
📰 Current Affairs & Relevance
Rules under the IT Act (2021): Highlighted concerns about executive overreach and lack of legislative debate.
Environmental Rules under EPA (1986): Criticized for being framed without proper public consultation.
Farm Laws (2020) – Withdrawal led to scrutiny of extensive delegated clauses in the rules.
In Karnataka:
Karnataka Private Medical Establishments (KPME) Act, 2007:
Amended rules drew opposition from doctors due to poor consultation.
BBMP Byelaws (Zoning, Health) – Often passed through delegated legislation without public debate.
📌 Examples & Case Studies
📍 National
GST Rules: Massive delegated legislation under GST Acts – criticized for complexity.
SEBI Regulations: Delegated powers under SEBI Act help fast-track financial regulation.
📍 Karnataka
Karnataka Urban Development Authorities Act, 1987:
Empowered authorities to make land use rules.
Karnataka Education Act – School fee regulations delegated to the Department of Education.
Karnataka Traffic Regulation Rules – Modified based on district-level conditions by delegated authorities.
✅ Conclusion & Way Forward
Delegated legislation is inevitable in modern governance but must be controlled and transparent.
Requires a balance between flexibility and democratic accountability.
Legislatures must not abdicate their core law-making function.
🚀 Recommendations
Codification of limits to delegated powers in legislation.
Strengthening Committee on Subordinate Legislation in both Parliament and State Legislatures.
Mandatory public consultation before framing delegated rules.
Creation of a central digital repository for all delegated laws and rules.
Periodic judicial and legislative review of existing delegated rules.
🏛️ Legislative Procedure and Committees of Legislature – KPSC Mains Notes
🧭 Introduction
The legislature plays a vital role in a parliamentary democracy like India, where law-making, financial approval, and executive accountability are key responsibilities.
The legislative procedure refers to the step-by-step process of how a bill becomes a law.
Legislative committees, both at the Union and State level (including Karnataka), are crucial to ensure detailed scrutiny, transparency, and efficiency.
📘 Part I: Legislative Procedure
🔹 Classification of Bills
Type
Description
Government Bill
Introduced by a minister
Private Member’s Bill
Introduced by a non-minister
Money Bill (Art. 110)
Only introduced in Lok Sabha / State Assembly, with speaker’s certification
Financial Bill
Broader than money bill, includes provisions on taxation/expenditure
Ordinary Bill
Covers any matter other than financial/emergency
Constitutional Amendment Bill
For amending the Constitution (Article 368)
🔹 Legislative Procedure at Union Level (Parliament)
1. Introduction (First Reading)
Bill is introduced in either house (except Money Bill).
Published in the Gazette.
2. Second Reading
General discussion on principles.
Detailed clause-wise discussion.
May be referred to a standing or select committee.
3. Third Reading
Voting on the final draft.
4. Other House Consideration
Passed to the other house; same process.
Possible outcomes: pass, amend, or reject.
5. President’s Assent
May assent, withhold, or return the bill (except Money Bill).
🔹 Special Procedure for Money Bill
Introduced only in Lok Sabha / State Assembly.
Transmitted to Rajya Sabha / Legislative Council for recommendations (14 days max).
Final authority lies with Lok Sabha / Assembly.
🔹 State Legislative Procedure (e.g., Karnataka)
Bicameral Structure in Karnataka: Legislative Assembly + Legislative Council.
Bills follow the same procedure as at the Union level.
Money Bills introduced only in Legislative Assembly.
Governor’s Assent required for enactment.
🧩 Challenges in Legislative Procedure
Shortened legislative debates.
Frequent bypassing of committees.
Ordinance route overused.
Disruption and walkouts.
Karnataka Example:
Anti-Cow Slaughter Bill (2020) was passed in Karnataka Legislative Assembly but initially bypassed the Legislative Council using an ordinance.
📘 Part II: Committees of Legislature
🔹 Importance of Committees
Micro-level examination of bills and policies.
Saves plenary time of the legislature.
Ensures executive accountability.
Allows subject-matter expertise.
🔹 Types of Legislative Committees
✅ Standing Committees
Committee
Function
Public Accounts Committee (PAC)
Examines reports of CAG
Estimates Committee
Suggests economies in public expenditure
Committee on Public Undertakings
Examines reports of PSUs
Departmentally Related Standing Committees (DRSCs)
Scrutinize budgets, bills, and policies of ministries
Committee on Subordinate Legislation
Checks delegated legislation
Rules Committee
Framing rules for legislative procedure
✅ Ad-hoc Committees
Formed for specific purpose and temporary duration.
Example: Joint Parliamentary Committee on 2G Spectrum Scam.
🔹 Karnataka Legislative Committees
Public Accounts Committee of Karnataka – reviews state audits.
Committee on Government Assurances – ensures implementation of promises made in Assembly.
Karnataka Estimates Committee – reviews budgetary allocations and implementation.
Karnataka Women and Child Welfare Committee – evaluates state policies and schemes like Mathru Poorna Yojane.
🧾 Constitutional and Legal Provisions
Article 118 / 208: Legislature to make rules for procedure.
Rules of Procedure and Conduct of Business govern committee formation.
Speaker / Chairman has key roles in forming and directing committees.
🧾 Committees & Reports
Second ARC (2007):
Advocated for strengthening DRSCs and greater transparency.
National Commission to Review the Working of the Constitution (2002):
Recommended making committee reports binding or more accountable.
PRS Legislative Research Reports:
Noted that only 15–25% of bills in recent years are referred to committees, showing erosion of this important practice.
📰 Current Affairs & Relevance
Farm Laws (2020) – Not referred to any committee, led to protests and rollback.
Digital Personal Data Protection Bill (2023) – Criticized for lack of parliamentary scrutiny.
Karnataka Legislative Assembly’s Committee on Environment has raised concerns over Bengaluru’s wetland encroachments.
Low attendance and limited sittings of committees reported in state legislatures including Karnataka.
📌 Examples & Case Studies
📍 Karnataka
Karnataka Public Undertakings Committee examined the irregularities in Bangalore Metro Phase 1 finances.
Standing Committee on Urban Development reviewed Janaagraha‘s findings on Bengaluru’s Smart City implementation.
📍 National
DRSC on Home Affairs (2022) recommended better cybercrime prevention.
PAC uncovered irregularities in telecom licensing (2G scam).
✅ Conclusion & Way Forward
Legislative procedure and committees are pillars of parliamentary democracy.
While India and Karnataka have robust structures, declining scrutiny and rising executive dominance weaken these institutions.
Strengthening the role of committees ensures that legislation is informed, inclusive, and accountable.
🚀 Recommendations
Mandatory referral of all bills (except emergencies) to standing/select committees.
Digital access to all committee proceedings and reports.
Ensure timely constitution and meetings of legislative committees at state level.
Training and capacity building for committee members in Karnataka.
Citizens’ participation and expert testimony in select committee discussions.
📜 Legislative and Judicial Control over Delegated Legislation – KPSC Mains Notes
🧭 Introduction
Delegated Legislation enables the executive or subordinate bodies to make rules and regulations under the authority of an Act passed by the legislature.
While essential for administrative flexibility, it must be checked to prevent abuse of power and ensure accountability.
Hence, the Constitution and democratic practice provide legislative and judicial mechanisms to control delegated legislation.
📘 Part I: Legislative Control over Delegated Legislation
🔹 Nature and Rationale
The legislature delegates rule-making powers but retains the authority to supervise and review.
Such control ensures the executive acts within the limits prescribed by the parent law.
🔹 Tools of Legislative Control
✅ 1. Laying Procedure
Rules made under delegated legislation must be laid before the legislature.
Three types:
Simple laying: Rules are laid for information.
Negative resolution procedure: Rules become effective unless annulled within a time frame.
Affirmative resolution procedure: Rules take effect only after legislature approves.
Example from Karnataka:
Under Karnataka Land Revenue Act, rules framed by the Revenue Department must be laid before the Assembly.
✅ 2. Committee on Subordinate Legislation
Reviews whether:
The delegated legislation is within the scope of the enabling Act.
There is no excessive delegation.
It conforms to constitutional and legal requirements.
Karnataka Context:
Karnataka has its own Legislative Committee on Subordinate Legislation which examines rules framed by state departments like Urban Development, Education, and Transport.
✅ 3. Debates and Questions
Legislators can raise questions about rules during Assembly or Council sessions.
Zero Hour / Question Hour can be used to challenge the need or content of delegated legislation.
✅ 4. Revocation or Amendment
The parent Act can be amended to limit, withdraw, or redefine the powers delegated.
🛠️ Challenges in Legislative Control
Overloaded Legislatures often neglect proper scrutiny.
Laying of rules may be formal and non-functional.
Committees lack technical expertise and resources.
📘 Part II: Judicial Control over Delegated Legislation
🔹 Constitutional Basis
India follows Rule of Law, where courts have the power of judicial review.
Courts ensure that delegated legislation does not violate Fundamental Rights, constitutional provisions, or the scope of the enabling Act.
🔹 Doctrines Used by Judiciary
✅ 1. Doctrine of Ultra Vires
Type
Description
Substantive Ultra Vires
Rule goes beyond the scope granted by the enabling statute.
Procedural Ultra Vires
Procedure laid down in the parent Act is not followed.
Example: In Delhi Laws Act Case (1951), Supreme Court ruled that essential legislative functions cannot be delegated.
✅ 2. Doctrine of Reasonableness
Courts assess whether rules made are reasonable and not arbitrary.
✅ 3. Doctrine of Proportionality
Delegated laws must not be disproportionately harsh or excessive.
🔹 Grounds for Judicial Review
Violation of Fundamental Rights.
Arbitrariness or mala fide intention.
Contradiction with parent statute.
Lack of authority or improper procedure.
🔹 Landmark Judgments
Case
Significance
Delhi Laws Act Case (1951)
Defined limits of permissible delegation
Ajay Hasia v Khalid Mujib (1981)
Subordinate legislation cannot violate Article 14
State of Karnataka v. Ranganatha Reddy (1977)
Upheld state power but warned against excessive delegation
⚖️ Karnataka Specific Example
In Karnataka Education Department, rules framed under the Karnataka Education Act were challenged in High Court for violating procedural norms – court struck them down on grounds of procedural ultra vires.
Bangalore Development Authority (BDA) bye-laws were revised after HC observed lack of public consultation and violation of statutory purpose.
🧩 Challenges in Judicial Control
Courts intervene reactively, only when a case is brought.
Delays in judicial proceedings reduce timely control.
Technical complexity may limit judicial understanding.
🧾 Committees & Reports
Law Commission of India (60th Report):
Urged clarity in delegated powers.
Recommended parliamentary supervision of every rule made.
2nd Administrative Reforms Commission (ARC):
Advocated for:
Strengthening Subordinate Legislation Committees.
Mandatory laying procedures.
Digital publication of all delegated laws.
National Commission to Review the Working of the Constitution (2002):
Recommended restricting delegation to only non-essential legislative functions.
📰 Current Affairs & Relevance
2021 IT Rules: Challenged in various courts for overreach and arbitrariness – SC emphasized the need for legislative scrutiny.
Environmental Rules under Environment Protection Act, 1986: Criticized for lack of parliamentary debate.
Karnataka Municipal Corporations’ bye-laws on hawking zones revised after court criticism of arbitrariness and lack of consultation.
📌 Examples & Case Studies
📍 Karnataka
Karnataka Private Medical Establishments (Amendment) Rules, 2017:
Strong protests from medical professionals.
HC asked government to clearly define rule-making power and limits.
Karnataka High Court ruling (2019): Quashed delegated rule under Excise Act that allowed arbitrary cancellation of licenses without hearing.
✅ Conclusion & Way Forward
Delegated legislation is essential, but unchecked power undermines democracy and accountability.
Robust legislative and judicial controls are critical to ensure rules remain within the legal framework and respect constitutional values.
🚀 Recommendations
Make Committee on Subordinate Legislation more active with expert support.
Mandate all delegated legislation to undergo pre-publication and public consultation.
Digital portal for real-time publication and tracking of rules.
Train judiciary and legislative staff on technicalities of delegated laws.
Judiciary must ensure timely review of controversial rules and regulations.
⚖️ Judicial Review of Administrative Action – KPSC Mains Notes
🧭 Introduction
Judicial Review refers to the power of courts to examine the legality and constitutionality of actions or decisions made by administrative or executive authorities.
It is a basic structure of the Constitution (as affirmed in Kesavananda Bharati v. State of Kerala, 1973).
Administrative action includes all actions by the executive arm of the government, including orders, rules, policies, decisions, and regulations.
Questions the legality of a public office appointment.
🧾 Landmark Judgments
Case
Key Takeaway
Kesavananda Bharati (1973)
Judicial review is part of the basic structure.
Maneka Gandhi v. Union of India (1978)
Reinforced due process and fairness.
A.K. Kraipak v. Union of India (1969)
Drew a line between administrative and quasi-judicial functions; natural justice applicable.
State of Karnataka v. Umadevi (2006)
Regularization of temporary employees not automatic – upheld administrative discretion.
🏛️ Judicial Review in Karnataka – Specific Examples
Karnataka Lokayukta Cases:
Karnataka High Court reviewed administrative inaction in corruption allegations, showing strong judicial intervention.
BDA Land Acquisition Cases:
Karnataka HC and SC quashed several arbitrary acquisition notifications due to lack of procedural fairness.
Recruitment Cases:
Karnataka Public Service Commission (KPSC) recruitment processes have faced judicial review for violating reservation policy or irregularities in selection.
Environmental Clearances:
HC intervened when administrative approvals were given for projects in wetlands/lake areas without environmental due diligence.
🔍 Limitations of Judicial Review
Not an appeal: Courts review legality, not merits.
Judicial deference to administrative expertise in technical matters.
May cause judicial overreach if not balanced.
Courts avoid interfering in policy decisions unless clearly unconstitutional.
Digital Personal Data Protection Act (2023): Challenges against vague delegated powers are expected, highlighting the need for judicial oversight.
🧾 Committees & Reports
2nd Administrative Reforms Commission (ARC):
Advocated for transparency, recorded reasoning in all administrative actions to facilitate judicial review.
Law Commission of India (14th, 27th, and 272nd Reports):
Emphasized the need for quasi-judicial behavior in administrative action.
Urged training in natural justice principles for officials.
Justice Venkatachaliah Commission (NCRWC, 2002):
Recommended improving access to judicial remedies for aggrieved citizens.
📌 Case Studies
📍 Karnataka Example: Recruitment Case
Jayalakshmi v. State of Karnataka:
HC quashed appointments to education department due to non-compliance with reservation norms – upheld principles of fairness and equality.
📍 National Example: Maneka Gandhi Case (1978)
Landmark in extending judicial review over executive discretion (passport seizure) using Article 21.
✅ Conclusion & Way Forward
Judicial review is the cornerstone of constitutionalism and acts as a check against executive overreach and administrative arbitrariness.
However, courts must respect the balance of powers and avoid excessive interference in governance.
🚀 Recommendations
Mandatory recording of reasons for all administrative orders.
Legal audit cells within departments for review before issuing sensitive orders.
Strengthening quasi-judicial training for bureaucrats in Karnataka and elsewhere.
Expand judicial infrastructure to handle administrative litigation efficiently.
Promote Alternate Dispute Resolution (ADR) mechanisms to reduce burden on courts.
🧾 Comptroller and Auditor General (CAG) of India – KPSC Mains Notes
🧭 Introduction
The Comptroller and Auditor General (CAG) of India is a constitutional authority entrusted with the task of auditing receipts and expenditure of the Government of India and the states.
Referred to as the “Guardian of the Public Purse”, the CAG ensures transparency, accountability, and financial propriety in government functioning.
As per Dr. B.R. Ambedkar: “The CAG shall be the most important officer under the Constitution of India.”
📘 Constitutional and Legal Framework
Provision
Detail
Article 148
Establishes the office of the CAG
Article 149
Prescribes duties and powers
Article 150
Form of accounts of Union and States determined by the President on advice of CAG
Article 151
Audit reports to be submitted to President/Governor for laying before Parliament/State Legislature
CAG’s (Duties, Powers & Conditions of Service) Act, 1971
Defines statutory role and functions
🛠️ Functions and Duties of CAG
🔹 Constitutional Functions
Audits the accounts related to all expenditure from the Consolidated Fund of India and of each state.
Audits the accounts of all bodies and authorities substantially financed by government.
Submits reports to:
President (Union level) → Laid before Parliament
Governor (State level) → Laid before State Legislature
🔹 Other Functions
Audits:
Contingency Fund and Public Account
Government Companies (under Companies Act, 2013)
Autonomous Bodies (e.g., IITs, Municipal Corporations)
Performance Audits: Evaluates efficiency and outcomes of government schemes.
Compliance Audits: Ensures adherence to rules and regulations.
🧩 Role of CAG in Promoting Good Governance
Ensures fiscal responsibility and discipline.
Detects corruption, wasteful expenditure, and inefficiencies.
Strengthens parliamentary control over public funds.
Supports legislative committees like Public Accounts Committee (PAC).
📌 Karnataka-Specific Examples
Karnataka State Finances Audit Report (2022):
Found underutilization of funds in social welfare schemes.
Flagged irregularities in BBMP works including road maintenance.
Bangalore Metro (Namma Metro):
CAG found cost overruns and planning inefficiencies in Phase 1.
Karnataka Renewable Energy Development Ltd.:
CAG report pointed out non-recovery of dues and delays in project execution.
⚖️ Autonomy and Safeguards
Provision
Autonomy Element
Appointment by President (Art. 148)
Based on executive discretion, not legislature
Tenure of 6 years or till age 65
Ensures stability
Removal only by impeachment (Art. 148(1))
Same as Supreme Court judge – ensures independence
Not eligible for further office
Avoids political alignment
🧾 Committees & Reports
Public Accounts Committee (PAC):
Scrutinizes CAG reports and ensures executive accountability.
In Karnataka, the State PAC evaluates CAG audit findings and recommends action.
2nd Administrative Reforms Commission (ARC):
Recommended:
Wider scope for performance audits.
Better coordination with anti-corruption agencies.
V.K. Shunglu Committee (2002):
Advocated for strengthening of audit mechanisms in public-private partnerships (PPPs).
📰 Current Affairs & Relevance
Audit of PM CARES Fund controversy – questions over the jurisdiction of the CAG.
Performance Audit of MGNREGA (2022): Flagged low asset creation and misreporting.
CAG’s Report on Defence Procurement (2020): Delays and inefficiencies in equipment acquisition.
In Karnataka, CAG flagged massive unutilized funds in tribal welfare and housing schemes (2022).
⚠️ Challenges Faced by CAG
Lack of enforcement powers – CAG only reports; does not enforce accountability.
Delay in action by legislatures and PACs.
Executive non-cooperation in providing records.
Non-audit of many public-private partnerships (PPPs) due to lack of legal clarity.
✅ Conclusion & Way Forward
The CAG is crucial to democratic accountability and financial governance.
Despite being a powerful audit institution, its effectiveness depends on legislative follow-up.
Strengthening its role can enhance fiscal transparency, policy outcomes, and public trust.
🚀 Recommendations
Digitize audit processes using AI and big data analytics.
Provide statutory audit rights over all PPPs and CSR-funded projects.
Ensure time-bound discussion of CAG reports in Parliament and State Legislatures.
Establish a central tracking dashboard for CAG recommendations and compliance status.
Increase collaboration with Lokayuktas and anti-corruption bodies at the state level, including Karnataka.
⚖️ Attorney General of India – KPSC Mains Notes
🧭 Introduction
The Attorney General (AG) of India is the chief legal advisor to the Government of India and its primary lawyer in the Supreme Court.
A constitutional post, the AG ensures the government’s legal integrity in its actions and defends the Union in court proceedings.
The AG is comparable to the Advocate General at the state level, such as in Karnataka.
📘 Constitutional and Legal Framework
Provision
Description
Article 76
Establishes the office of Attorney General of India
Article 88
AG has the right to participate in parliamentary proceedings
Constitutional Office
Not part of Union Cabinet; holds office during the pleasure of the President
🧾 Appointment and Eligibility
Appointed by the President on the advice of the Union Cabinet.
Must be qualified to be appointed as a judge of the Supreme Court, i.e.:
Citizen of India.
At least 5 years as High Court judge or 10 years as High Court advocate or an eminent jurist.
⏳ Tenure and Removal
No fixed term; holds office during the pleasure of the President.
Removable at any time by the President; no impeachment process.
No bar on reappointment.
🛠️ Powers and Functions of Attorney General
🔹 Legal Advisor to the Union Government
Advises the President, Council of Ministers, and Government of India on legal matters.
🔹 Advocate in Courts
Represents Union Government in:
Supreme Court in all cases involving the Government.
High Courts in cases referred by the President.
🔹 Constitutional Role
Participates in Parliament (Lok Sabha & Rajya Sabha) without voting rights [Art. 88].
Can be asked to provide legal opinion on constitutional matters.
🔹 Other Functions
Defends government actions and policies before the courts.
Performs duties of a public servant, balancing legal integrity and executive loyalty.
🔹 Limitations
Cannot appear against the Government of India.
Not debarred from private legal practice, unlike Law Officers in some countries.
Must seek permission from the Government for private cases.
🧩 Importance of the Attorney General
Acts as the link between executive and judiciary.
Defends the sovereignty and constitutionality of policies.
Advises the Government during legal crises and constitutional challenges.
Plays a critical role during President’s Rule, Constitutional Amendments, etc.
📌 Karnataka Specific Context
Advocate General of Karnataka is the state-level counterpart.
Appointed under Article 165, performs similar roles for the State Government.
Recent examples in Karnataka:
Defended the state in the Hijab ban case before the Karnataka High Court.
Represented the Government of Karnataka in Kaveri water dispute and reservation-related litigations.
🧾 Landmark Attorney Generals of India
Name
Key Contributions
M.C. Setalvad
First AG; played key role in shaping India’s constitutional litigation
Soli Sorabjee
Advocated for civil liberties and press freedom
K.K. Venugopal
Appeared in major constitutional cases including Aadhaar and Kashmir
R. Venkataramani(Current as of 2024)
Assisted in key cases on data protection and cooperative federalism
🧾 Committees & Reports
1st Administrative Reforms Commission (1966):
Suggested separation between legal advice and court representation.
2nd Administrative Reforms Commission (2007):
Recommended establishing a separate Office of Legal Counsel to assist the AG.
Law Commission of India (14th Report):
Advocated full-time status for AG and ban on private practice for better transparency.
📰 Current Affairs & Relevance
Attorney General defended Union Government in:
Abrogation of Article 370 (J&K Reorganisation).
Electoral Bonds Scheme – argued for transparency through regulatory oversight.
Same-sex marriage case – argued on constitutional and legislative competence.
Karnataka’s Advocate General recently appeared in:
Forest encroachment eviction cases in Western Ghats.
Reservation policy defense for SC/ST communities post 9th Schedule discussion.
⚠️ Challenges & Criticism
Conflict of interest: Dual role as legal advisor and private practitioner.
No independence: Appointed and removed at the pleasure of the Executive.
AG may justify politically motivated actions under legal grounds.
Lack of institutional support staff and dedicated infrastructure.
✅ Conclusion & Way Forward
The Attorney General is pivotal in ensuring constitutional governance, legal accountability, and institutional integrity.
However, its credibility hinges on independence, transparency, and ethical restraint.
Ensuring structural reform and accountability can enhance public trust in this crucial institution.
🚀 Recommendations
Convert the AG’s post into a full-time position to avoid conflict of interest.
Provide the AG with a dedicated Legal Research Wing.
Codify limitations and responsibilities through an Attorney General’s Act.
Strengthen coordination between AG and constitutional bodies like CAG, Election Commission.
Establish a Digital Archive of AG Opinions for public reference and transparency.
