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| What is Article 377 of Indian constitution |
📜 Article 377 of the Indian Constitution
Title: Provisions as to Comptroller and Auditor-General of India
🧾 Original Text Summary:
Article 377 provides for the continuity of the office of the Auditor-General of India (appointed under British rule) after the Constitution of India came into force on 26 January 1950.
🔍 Simplified Explanation:
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The Auditor-General of India who was in office before 26 January 1950 (under the Government of India Act, 1935),
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Shall continue as the Comptroller and Auditor-General (CAG) of India under the new Constitution,
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Until a new appointment is made under Article 148 of the Constitution.
📌 Key Points:
| Feature | Description |
|---|---|
| Applies to | Auditor-General of India before 26 Jan 1950 |
| Position continued as | Comptroller and Auditor-General of India (CAG) |
| Purpose | Ensure continuity in India's financial oversight system |
| Until when | Until a new CAG is appointed under Article 148 |
| Linked Article | Article 148 (provides for appointment of new CAG of India) |
✅ Why Article 377 Was Important:
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Ensured no disruption in financial audits and accountability.
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Gave legal authority to the then Auditor-General to continue until replaced.
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Helped maintain administrative continuity in financial institutions post-independence.
Here is a flowchart of Article 377 of the Indian Constitution that explains its process clearly:
📊 Flowchart: Article 377 – Continuity of Auditor-General
┌──────────────────────────────────────────┐
│ Auditor-General of India (Pre-1950) │
│ Appointed under Government of India Act │
└──────────────────────────────────────────┘
│
▼
┌──────────────────────────────────────────────┐
│ Continues in office as │
│ Comptroller and Auditor-General (CAG) of India│
└──────────────────────────────────────────────┘
│
▼
┌────────────────────────────────────────────────────┐
│ Holds office temporarily under Article 377 │
│ Until new appointment is made under Article 148 │
└────────────────────────────────────────────────────┘
🧾 Summary:
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The existing Auditor-General automatically became CAG.
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Continued without interruption in office.
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New appointment of CAG to be made later under Article 148.
Here is a timeline of events related to Article 377 of the Indian Constitution:
📅 Timeline: Article 377 – Transition of Auditor-General to CAG
| Date | Event |
|---|---|
| Before 26 Jan 1950 | Auditor-General of India functioned under the Government of India Act, 1935. |
| 26 January 1950 | Constitution of India comes into force. Article 377 becomes active. |
| The Auditor-General in office continues as the Comptroller and Auditor-General (CAG) of India. | |
| Post-26 Jan 1950 | Auditor-General performs duties of CAG under new Constitution temporarily. |
| Later Date (As Needed) | New CAG appointed officially under Article 148 of the Constitution. |
🔍 Summary:
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Article 377 bridged the transition from the old Auditor-General to the new CAG system.
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Ensured no gap in India's financial audit and oversight mechanism.
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Article 148 was later used to formally appoint a new CAG.
Here is a comparison between Article 376 and Article 377 of the Indian Constitution:
🆚 Comparison: Article 376 vs Article 377
| Aspect | Article 376 | Article 377 |
|---|---|---|
| Title | Provisions as to Judges of High Courts & Federal Court | Provisions as to Comptroller and Auditor-General of India |
| Purpose | To continue judges from British-era courts after 1950 | To continue the Auditor-General in office as new CAG |
| Applies To | Judges of Federal Court and High Courts before 1950 | Auditor-General of India before 1950 |
| Continuity Provision | Judges remain in office under new Constitution | Auditor-General continues as CAG of India |
| Requirement | Judges must take oath under the new Constitution | No oath needed; direct transition to CAG |
| Ends When | Judge retires as per Constitution's age limit | A new CAG is appointed under Article 148 |
| Linked Articles | Related to Articles 124, 219 (oath), 214-231 (courts) | Related to Article 148 (appointment of new CAG) |
| Ensures | Judicial continuity | Audit/Financial accountability continuity |
| Part of Constitution | Part XXI – Temporary, Transitional and Special Provisions | Part XXI – Temporary, Transitional and Special Provisions |
🧾 Summary:
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Both articles are transitional provisions.
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Article 376 → for judges.
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Article 377 → for Auditor-General becoming CAG.
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Aim: Ensure no disruption in governance during the shift from colonial rule to republic.
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