Article 384 of the Costitution of India with Case law
Article 384 of the Constitution of India is part of the Transitional Provisions contained in Part XXI (Temporary, Transitional and Special Provisions). It was relevant only during the transitional phase from British rule to a fully sovereign Republic of India in 1950. This Article no longer has any operative effect today.
🧾 Text of Article 384 – Provisions as to the Comptroller and Auditor-General of India and the Public Services Commission
Article 384. Until other provision is made by Parliament under clause (1) of article 148, the Auditor-General of India holding office immediately before the commencement of this Constitution shall continue to perform the duties and exercise the functions of the Comptroller and Auditor-General of India under this Constitution.
Similarly, Public Service Commissions existing before the Constitution shall continue to function as if appointed under the Constitution until new provisions are made.
📌 Explanation
| Element | Description |
|---|---|
| Purpose | To ensure administrative continuity during the shift from colonial rule to Republic governance. |
| Scope | Applied to: |
Auditor-General (transitioned to CAG),
Public Service Commissions (e.g., UPSC, State PSCs). |
| Status Today | Obsolete — transitional in nature and no longer in operation.
⚖️ Relevance in Case Law
There are no major case laws directly interpreting Article 384 because:
It was transitory and self-exhausting.
It was meant to keep key administrative bodies functioning until new appointments and laws were made after January 26, 1950.
By now, Article 148 (for CAG) and Articles 315-323 (for Public Service Commissions) have fully taken over the roles originally preserved under Article 384.
✅ Summary
| Feature | Detail |
|---|---|
| Article | 384 |
| Part | XXI – Temporary and Transitional Provisions |
| Purpose | Ensure continuation of the Auditor-General and PSCs during transition to constitutional governance |
| Current Status | No longer applicable; was used only during the initial phase post-1950 |
| Case Law | None significant due to limited and temporary scope |
🔍 Key Takeaway
Article 384 was a transitional provision—important for historical understanding but no longer relevant to the functioning of Indian constitutional law today. It played a brief but critical role in preserving continuity of key public offices during the foundational period of the Republic.
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