Did Kerala govt set a wrong precedent by passing resolution against CAG?

The Kerala government seems to have set a wrong precedent by passing a resolution in the Assembly to remove some portions of the Comptroller and Auditor General's report that were unacceptable for the government.

While the ruling CPM-led Left Democratic Front justified the resolution as a tit for tat for the CAG's action of including critical remarks without seeking the opinion of the departments concerned, experts said that it was improper and rater dangerous precedent by the Pinarayi Vijayan government to pass a resolution removing critical portions of CAG report.

It was on the last day of the last session of the 14th Kerala Assembly on Friday that Chief Minister Pinarayi Vijayan moved the resolution against the portions in the CAG report that pointed out serious flaws in Kerala Infrastructure Investment Fund Board, an agency for funding the state's infrastructure projects. Despite strong objections from the opposition Congress-led United Democratic Front and the lone BJP MLA, the resolution for removing the controversial portions from the CAG report was passed by the house.

Also Read | Kerala Assembly passes resolution against CAG report

Lok Sabha former secretary-general P D T Achary told DH that the resolution against the CAG report was improper. "The government should have opted the proper channel of referring the CAG report to the Public Accounts Committee. If the committee feels that any portion of the CAG report was not factual the committee can give such a report to the Assembly and the house can pass it", he said.

Meanwhile, a veteran legal expert who is now associated with the Pinarayi Vijayan government said that what the CAG did was highly unprecedented as the adverse remarks were included in the final report without giving an option for the government to clarify. Hence the resolution could be considered only as a natural reaction to protest against the CAG, said the officer who does not want to be quoted.

A former senior official at the Kerala legislature secretariat said that many major corruption cases that the nation had witnessed, like the 2G spectrum case, were exposed through CAG reports. Hence if the ruling fronts initiate a practice of removing portions in CAG reports unfavourable to them, it would amount to making a mockery of the Constitution as the CAG is a constitutional body.

The CAG had pointed out several serious flaws with regard to KIIFB. It even mentioned that KIIFB's external borrowing by issuing Masala bonds was unconstitutional. The state government maintained that these issues were not mentioned in the CAG's draft report and the CAG also did not seek the government's remarks on these before submitting the final report, which was tabled in the house last week.

Meanwhile, sources said that the Opposition party may move court against the resolution.