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Difficulty: MediumConstitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

Under the Constitution of India, both the Comptroller and Auditor General (CAG) of India and members of the Union Public Service Commission (UPSC) are granted independence through specific constitutional safeguards. Which of the following correctly describes the difference in their post-retirement employment eligibility?

  1. The CAG is completely ineligible for any further office under the Government of India or any State, whereas a UPSC member (other than the Chairman) remains eligible to be appointed as the Chairman of the UPSC or a State Public Service Commission.Answer
  2. B
    Both the CAG and all UPSC members are strictly prohibited from holding any public office or constitutional chairmanship post-retirement.
  3. C
    The CAG can be appointed as the Chairman of a State Public Service Commission, whereas a UPSC member is barred from all government positions.
  4. D
    A UPSC member is ineligible for any further office, whereas the CAG may take up a state executive appointment with prior approval from Parliament under Article 148.

Answer

The CAG is completely ineligible for any further office under the Government of India or any State, whereas a UPSC member (other than the Chairman) remains eligible to be appointed as the Chairman of the UPSC or a State Public Service Commission.
Under Article 148(4) of the Constitution of India, the Comptroller and Auditor General (CAG) becomes completely ineligible for any further office under the Government of India or the Government of any State after ceasing to hold office. Conversely, under Article 319(b), a member of the UPSC (other than the Chairman) is ineligible for general government employment but remains eligible for appointment as the Chairman of the UPSC or as the Chairman of a State Public Service Commission.

Step-by-Step Solution

1
Examine Article 148(4) regarding the Comptroller and Auditor General of India.
The CAG shall not be eligible for further office either under the Government of India or under the Government of any State after demitting office.
This total restriction ensures complete audit independence during tenure without expectation of post-retirement executive favors.
2
Examine Article 319 regarding UPSC members upon ceasing to hold office.
A UPSC member (other than the Chairman) is ineligible for employment under the Government of India or a State, EXCEPT for appointment as Chairman of the UPSC or Chairman of a State Public Service Commission.
The Constitution allows vertical mobility within the service commissions while restricting standard executive employment.
3
Compare the two provisions to identify the correct statement.
The statement highlighting the absolute bar on the CAG while allowing UPSC members to ascend to Commission Chairmanships is accurate.
It accurately reflects the distinct constitutional restrictions under Article 148(4) and Article 319.

Key Concept

Post-retirement eligibility conditions for Constitutional Bodies (CAG vs UPSC under Articles 148 and 319)
Estimated Time:1m 15s
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Topics

Constitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

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