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Administrative Law

Public Accounts Committee: Composition, Functions and the Audit to Accountability Chain

The legislature votes money before it is spent and has no means of following what happens afterwards. That gap is filled by an audit conducted independently of the executive and by a committee that examines what the audit finds. The Comptroller and Auditor General reports; the Public Accounts Committee takes up the report, calls the accounting officers of the ministries before it, and asks whether the money was spent on what was voted, with due authority, and without waste. The Committee cannot punish anyone and its recommendations bind nobody, yet it is generally regarded as the most searching scrutiny of administration that exists in the parliamentary system. This topic sets out its composition, functions and working, and the constitutional principles it enforces.

1. Composition and Character

  • Twenty-two members, fifteen elected by the Lok Sabha and seven by the Rajya Sabha, elected annually by the system of proportional representation by means of the single transferable vote, so that all parties are represented.
  • A Minister may not be a member, and if a member is appointed a Minister he ceases to be one, since the Committee examines the executive.
  • The Chairman is appointed by the Speaker, and by an established convention since 1967 is a member of the Opposition, which gives the Committee its independence in fact as well as in form.
  • Term of one year, renewable, with continuity maintained through the secretariat and the practice of re-election.
  • The Comptroller and Auditor General assists the Committee, and is often described as its friend, philosopher and guide, attending its sittings and explaining the audit findings.
  • Power to send for persons, papers and records, and to examine the Secretary of a ministry as the accounting officer answerable for its expenditure.

Two features give the Committee its effectiveness. It works across party lines, and its reports are ordinarily unanimous, which makes them difficult to dismiss as political attacks. And it examines officials rather than Ministers: the Secretary appears as the accounting officer and answers for the department's expenditure personally, which is one of the few settings in which an official is directly answerable to the legislature.

2. Functions

Function

What it involves

Examination of the appropriation accounts

Whether the money disbursed was legally available for the purpose to which it was applied

Examination of the finance accounts

The overall receipts and disbursements of the Government for the year

Examination of the audit reports of the CAG

Taking up the objections and observations raised by audit and pursuing them with the ministry

Excess expenditure

Examining expenditure in excess of the grant voted, which requires regularisation by the House

Propriety audit

Whether the expenditure, though authorised, was wasteful, extravagant or improper

Autonomous bodies and public undertakings

Accounts of bodies substantially financed by the Government, within the limits of its remit

Follow-up

Action taken reports from ministries, and further reports where the response is unsatisfactory

The Committee's scrutiny is post-mortem in character: it examines expenditure already incurred, in a financial year usually two or more years past. That is often described as its principal weakness, and it is more accurately described as the condition of its independence, since an examination conducted before or during expenditure would involve the Committee in administration and would compromise the detachment on which its authority rests.

3. The Principle the Committee Enforces

📖 Bimal Chandra Banerjee v. State of Madhya Pradesh, (1970) 2 SCC 467

Facts: Liquor shops were auctioned and licences granted, and the licensees were required to pay duty on the quantity of liquor they had undertaken to lift but had not in fact lifted. The demand was made under rules framed by the State Government. The Excise Act authorised the levy of duty on liquor imported, exported, transported, manufactured or issued from a warehouse, and did not authorise a levy on liquor that had never been taken at all.

Held: The Supreme Court struck down the demand. It held that the State legislature had not authorised the Government to levy a tax on liquor which was not taken out, and that the rule-making authority could not, by framing rules, impose a levy which the parent Act did not permit. The Court held that no tax can be imposed by any bye-law, rule or regulation unless the statute under which it is made specifically authorises the imposition, and the fact that the licensee had entered into a contract to lift a quantity did not enable the State to collect duty on what was never issued. The obligation to pay arose, if at all, from contract, and could not be converted into a tax.

Ratio: No tax or levy may be imposed by subordinate legislation unless the parent statute specifically authorises it. Authority of law for every levy and every appropriation is the principle on which financial accountability rests.

The constitutional foundation of the Committee's work lies in three provisions. Article 265 forbids the levy or collection of any tax except by authority of law. Article 266(3) provides that no money shall be appropriated out of the Consolidated Fund except in accordance with law and for the purposes and in the manner provided in the Constitution. Article 114(3) provides that no money shall be withdrawn from the Consolidated Fund except under appropriation made by law. The Committee's question to a Secretary is, in substance, whether these requirements were satisfied in respect of every rupee spent.

4. The Audit to Accountability Chain

  1. Appropriation. The House votes demands for grants and passes an Appropriation Act authorising withdrawal from the Consolidated Fund.
  2. Expenditure. Ministries spend, subject to internal financial rules, sanctions and delegated powers.
  3. Accounts. The accounts are compiled and submitted, showing what was actually spent against what was voted.
  4. Audit. The Comptroller and Auditor General audits the accounts for regularity, propriety and, increasingly, performance, and reports to the President or Governor.
  5. Laying. The report is laid before the legislature under Article 151 and stands referred to the Committee.
  6. Examination. The Committee takes up selected paragraphs, calls the Secretary of the ministry concerned and examines him on the record.
  7. Report. The Committee reports its conclusions and recommendations to the House.
  8. Action taken. The ministry states what it has done, and the Committee may pursue the matter further or record its dissatisfaction.

The chain has a weak link at each end. At the beginning, the appropriation is often voted without discussion when time is guillotined. At the end, the Committee's recommendations are not binding, and a ministry that declines to act faces no consequence beyond a further critical report. The strength of the chain lies in its middle, in the independence of audit and the detail of committee examination.

5. The Committee Compared with its Companions

Basis

Public Accounts Committee

Estimates Committee

Committee on Public Undertakings

Timing

After expenditure, on the audited accounts

Before or during, on the estimates

Continuous, on the working of undertakings

Subject

Whether money was spent as voted, with propriety

Whether estimates are sound and economies possible

Efficiency and autonomy of public undertakings

Membership

Twenty-two, from both Houses

Thirty, from the Lok Sabha only

Twenty-two, from both Houses

Chairman

By convention from the Opposition

Appointed by the Speaker

Appointed by the Speaker

Audit support

Assisted closely by the CAG

Not based on audit reports

Assisted by audit of the undertakings

Character

Post-mortem and quasi-judicial in tone

Forward-looking and advisory

Managerial and evaluative

⚠ The Committee's power is the record it creates, not the sanction it lacks

The standing criticism of the Public Accounts Committee is that it examines expenditure years after the event, cannot punish anybody and issues recommendations that no one is obliged to accept. Each of those things is true and none of them describes its actual function. What the Committee produces is a public record, made on evidence, agreed across parties, in which a named ministry is shown to have spent money on something other than what was voted, or to have wasted it, and in which its Secretary has had to answer for it in person. That record is what audit alone could not produce, what the House has no time to produce, and what the press, the courts, the next Committee and the next election all work from. Institutions of this kind are effective in proportion to the quality of the account they compel, not to the punishment they can impose.

6. The Position in Summary

  1. The Public Accounts Committee has twenty-two members from both Houses, excludes Ministers, and by convention has an Opposition Chairman, which secures its independence.
  2. It examines the appropriation and finance accounts and the audit reports of the Comptroller and Auditor General, asking whether money was spent as voted, with authority and without waste.
  3. Its work rests on Articles 265, 266(3) and 114(3), and no tax or levy may be imposed by subordinate legislation unless the parent statute specifically authorises it (Bimal Chandra Banerjee).
  4. The accountability chain runs from appropriation through expenditure, accounts, audit, laying under Article 151, committee examination, report and action taken, and is weakest at its two ends.
  5. It is post-mortem in character and its recommendations are recommendatory, its authority resting on the independence of audit, the examination of Secretaries as accounting officers and the public record it creates.

7. Related Topics and Provisions

  • Comptroller and Auditor General (Topic 154): the audit on which the Committee works.
  • Questions, Debates and Parliamentary Committees (Topic 151) and Committee on Subordinate Legislation (Topic 152).
  • Legislative Control over Administration (Topic 149): financial control in the wider scheme.
  • Parliamentary Control over the Executive (Topic 150).
  • Public Corporations (Topic 140): the bodies examined by the Committee on Public Undertakings.
  • Constitution of India: Articles 112 to 117, 148 to 151, 265 and 266.