Article 434 of the Costitution of India with Case law
Article 434 of the Constitution of India
Title: Provisions as to Comptroller and Auditor-General of India
🧾 Text of Article 434:
"Until provision is made by or under an Act of the appropriate Legislature under Article 148(1), the Comptroller and Auditor-General of India and any person acting as the Comptroller and Auditor-General shall continue to perform the duties and exercise the powers conferred on them by or under the Government of India Act, 1935."
✅ Explanation:
Nature: Transitional provision.
Purpose: Ensured continuity of the office and functions of the Comptroller and Auditor-General (CAG) at the time of the commencement of the Constitution (26 January 1950).
The article was meant to bridge the gap until a new law could be enacted under Article 148(1) for the appointment and role of the CAG.
📜 Connection with Article 148:
Article 148(1) empowers Parliament to create a law defining the duties, powers, and conditions of service of the CAG.
That law was later enacted as the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971.
So, Article 434 is no longer in practical use, as the required law under Article 148(1) has been enacted.
🧑⚖️ Case Law Involving the CAG (Though Not Directly on Article 434):
While Article 434 itself has not been directly interpreted by courts in recent years (due to its transitional nature), some important cases involving the powers of the CAG under Article 148 and related laws are:
🔹 Association of Unified Telecom Service Providers v. Union of India, (2014) 6 SCC 110
The Supreme Court upheld the CAG’s right to audit private telecom companies if they used natural resources like spectrum.
Reinforced the CAG’s constitutional mandate to ensure public funds and resources are used responsibly.
🔹 Subhash Chandra Agrawal v. Office of the CAG, CIC Order, 2010
Concerned RTI access to CAG reports.
Upheld the public accountability function of the CAG.
🔹 Common Cause v. Union of India, (2017)
Related to the audit of coal block allocations.
The Court affirmed that the CAG has a duty to audit public sector undertakings (PSUs) involved in the use of natural resources.
📘 Summary Table:
| Aspect | Detail |
|---|---|
| Article | 434 |
| Type | Transitional |
| Subject | CAG (Comptroller and Auditor-General) |
| Purpose | Continued the powers/duties of CAG under the Government of India Act, 1935 until new law under Article 148(1) |
| Current Status | Obsolete – replaced by CAG Act, 1971 |
| Related Articles | Article 148, 149, 151 |
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