The Constitution of India
Article 377
Provisions as to Comptroller and Auditor-General of India
The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement.
Why this exists
This is a 'transitional' provision. When the Constitution created the new office of Comptroller and Auditor-General (CAG) under Article 148, India already had a serving Auditor-General appointed under earlier colonial/statutory arrangements. To avoid an awkward gap or forced resignation, the framers built in a smooth handover: the existing officer simply continued, now under the new constitutional title and protections, without needing a fresh appointment process on Day One of the Republic.
Common misconceptions
- Myth: Article 377 created the office of Comptroller and Auditor-General.
Fact: Article 148 creates and defines the office; Article 377 is only a transitional rule about the person already serving as Auditor-General when the Constitution commenced. - Myth: The old Auditor-General had no choice and was forced into the new role.
Fact: The text says the transition happens 'unless he has elected otherwise,' meaning he could choose not to continue if he wished.