Article 445 of the Costitution of India with Case law
🧾 Article 445 of the Constitution of India
– Oath or Affirmation by the Comptroller and Auditor-General of India (CAG)
📜 Text of Article 445:
“Before entering upon office, the Comptroller and Auditor-General of India shall make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.”
✅ Essence of Article 445:
| Element | Description |
|---|---|
| Who it applies to | Comptroller and Auditor-General of India (CAG) |
| What it mandates | Must take an oath or affirmation before entering office |
| Before whom | The President of India or a person appointed by the President |
| Format of Oath | As per the Third Schedule of the Constitution |
📘 Third Schedule (Relevant Excerpt):
Oath/Affirmation format for the CAG:
“I, ___, having been appointed Comptroller and Auditor-General of India do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.”
⚖️ Important Case Laws involving CAG and Relevant to Article 445:
While Article 445 itself is procedural and has not been litigated, several landmark cases have involved the office and functions of the CAG, which Article 445 introduces:
🧑⚖️ 1. A. R. Antulay v. R. S. Nayak (1988)
Citation: AIR 1988 SC 1531
Significance: Reiterated that constitutional authorities, including CAG, are bound by constitutional oaths.
Article 445 ensures accountability and allegiance to the Constitution by such high-ranking officials.
🧑⚖️ 2. Association for Democratic Reforms v. Union of India (2002)
Citation: AIR 2002 Del 298
Relevance: Although not directly under Article 445, the case discussed the independence and integrity of constitutional bodies, reinforcing the importance of the oath taken under Article 445.
🧑⚖️ 3. Subramanian Swamy v. Union of India (2G Spectrum Case, 2012)
Citation: (2012) 3 SCC 1
Significance: The Supreme Court extensively relied on CAG audit reports.
Though not a direct interpretation of Article 445, the case reaffirmed that the CAG's independence, backed by the oath under Article 445, is crucial to ensuring transparency.
🧑⚖️ 4. Common Cause v. Union of India (Coal Block Allocation Case, 2014)
Citation: (2014) 9 SCC 338
Held: Reports by CAG were pivotal in revealing irregularities and corruption, showcasing the importance of the role and oath taken under Article 445.
🧠 Key Takeaways:
| Point | Description |
|---|---|
| Purpose of Article 445 | Ensures formal constitutional allegiance by the CAG |
| Legal effect | Mandates an oath, binds the CAG to constitutional values |
| Supports | The independence and integrity of the audit institution |
| Connected provisions | Article 148 (CAG), Article 149 (Duties), Third Schedule |
| Judicial stance | Oath is not symbolic—it's a binding affirmation of duty and impartiality |
🔗 Related Articles:
| Article | Subject |
|---|---|
| Article 148 | Appointment and Conditions of Service of the CAG |
| Article 149 | Duties and Powers of the CAG |
| Third Schedule | Forms of oaths and affirmations |
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