Article 381 of the Costitution of India with Case law
🇮🇳 Article 381 of the Constitution of India – Explained with Case Law
🔹 Text of Article 381 – Provisions as to the Comptroller and Auditor-General of India
"The President may by order make such provision as he thinks fit as to the discharge of the functions of the Comptroller and Auditor-General of India in any case where the office of the Comptroller and Auditor-General is vacant, or the Comptroller and Auditor-General is unable to discharge the functions of his office by reason of absence or otherwise."
🔍 Explanation of Article 381:
✅ Purpose:
Article 381 is a transitional and contingency provision that allows the President of India to ensure that the crucial constitutional office of the Comptroller and Auditor-General (CAG) does not remain functionless in the event of:
A vacancy in the office, or
Temporary incapacity of the incumbent CAG (e.g. illness, absence).
✅ Nature:
| Feature | Details |
|---|---|
| Type of Provision | Contingency |
| Applies To | Office of the Comptroller and Auditor-General (CAG) |
| Authority Involved | President of India |
| Enabling Power | Issue an Order to delegate or provide for the discharge of functions |
| Limitation | Not permanent – applies only during vacancy or incapacity |
| Purpose | Maintain continuity in audit and accountability functions of the CAG |
🧾 Background on the CAG:
Article 148–151 deal with the appointment, duties, and powers of the CAG.
The CAG is the watchdog of public finance, conducting audits of:
Union and State government expenditures,
Public sector undertakings,
Other institutions funded by the government.
⚖️ Relevant Case Law on Article 381 and Role of CAG:
While Article 381 itself hasn’t been the direct subject of major litigation, its implications and the importance of the CAG's continuity have been discussed in several significant judgments related to public accountability:
🔹 1. Subramanian Swamy v. Union of India (2014)
Citation: (2014) 8 SCC 682
Context: 2G Spectrum scam case
Relevance:
The Supreme Court referred to CAG audit reports as important evidence in ensuring transparency in governance.
It emphasized the critical role of the CAG in holding the government accountable.
By implication, Article 381 ensures that no audit function stops even temporarily due to vacancy or absence of CAG.
🔹 2. Association for Democratic Reforms v. Union of India (2002)
Citation: AIR 2002 Del 298
Relevance:
Though not directly on Article 381, the case highlighted the importance of financial transparency and independent audit.
Reinforces why provisions like Article 381 are crucial to protect public interest and continuity in audit processes.
🔹 3. T.N. Godavarman Thirumulpad v. Union of India (2005)
Citation: (2005) 13 SCC 98
Relevance:
The Court took note of the role of the CAG in monitoring environmental and forest fund usage.
Significance: Reinforces the need for uninterrupted functioning of the CAG’s office.
📌 Summary Table:
| Feature | Details |
|---|---|
| Article | 381 |
| Applies To | Comptroller and Auditor-General of India |
| Purpose | To ensure continuity during vacancy or absence |
| Power Given To | President of India |
| Means | Issuing an Order |
| Nature of Role | Temporary / Contingency |
| Case Law Support | Indirectly from 2G Case, ADR Case, and others showing CAG’s importance |
🧠 Conclusion:
Article 381 acts as a constitutional safeguard to ensure that the essential financial oversight functions of the CAG are never halted, even if the position is vacant or the incumbent is temporarily unavailable. Though rarely invoked, this article ensures administrative continuity and accountability in public finance — a cornerstone of India’s democratic framework.
RELATED Blog
0 comments