Articles 377 and 378 of the Constitution of India
Articles 377 and 378 are transitional provisions in Part XXI of the Constitution of India. Article 377 dealt with continuity of the person holding office as Auditor-General of India at the commencement of the Constitution, while Article 378 dealt with continuity of members of the pre-Constitution Public Service Commissions.
| Provision | Subject | Nature |
|---|---|---|
| Article 377 | Comptroller and Auditor-General of India | Transitional continuity of the pre-Constitution Auditor-General |
| Article 378 | Public Service Commissions | Transitional continuity of members of Union, State and Joint Public Service Commissions |
Article 377 - Provisions as to Comptroller and Auditor-General of India
Meaning: Article 377 ensured institutional continuity when the Constitution commenced. The Auditor-General of India who was then in office would, unless he elected otherwise, become the Comptroller and Auditor-General of India. His salary, leave and pension rights were protected by reference to Article 148(3), and he could continue until the end of the term determined under the previously applicable provisions.
Article 377: 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.
Related constitutional provisions on the CAG
Article 148 establishes the office of the Comptroller and Auditor-General of India and provides for appointment, removal and safeguards concerning conditions of service. Article 149 deals with duties and powers; Article 150 concerns the form of Union and State accounts; and Article 151 concerns audit reports. The statutory framework is supplemented by the Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971.
Article 378 - Provisions as to Public Service Commissions
Meaning: Article 378 preserved continuity of the Public Service Commission system on commencement of the Constitution. It transferred serving members of the Dominion and Provincial Commissions into the corresponding constitutional bodies, unless they elected otherwise, while preserving the balance of their existing terms subject to Article 316.
Clause (1): The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of the Constitution became, unless they elected otherwise, members of the Public Service Commission for the Union. Despite Article 316(1) and (2), and subject to the proviso to Article 316(2), they continued until expiry of the term determined under the rules previously applicable to them.
Clause (2): Members of a Provincial Public Service Commission, or a Commission serving a group of Provinces, similarly became members of the corresponding State Public Service Commission or Joint State Public Service Commission, as applicable, and continued for the remainder of the term determined under the previously applicable rules, subject to Article 316.
Related constitutional provisions on Public Service Commissions
Articles 315 to 323 provide the present constitutional framework for the Union and State Public Service Commissions. Article 315 provides for the Union and State Commissions; Article 316 concerns appointment and term of members; Articles 317 to 319 deal with removal, service conditions and post-tenure restrictions; Article 320 specifies functions; and Articles 321 to 323 deal with additional functions, expenses and reports.
Why Articles 377 and 378 were necessary
The Constitution created or continued permanent constitutional institutions, but it also had to ensure that public administration did not face a break on commencement. Articles 377 and 378 therefore operated as transitional bridges: the existing Auditor-General and serving Public Service Commission members could move into the corresponding constitutional offices without requiring the institutions to be reconstituted from zero on 26 January 1950.
Official text and resources
For the authoritative constitutional text, refer to the Constitution of India published by the Legislative Department, Ministry of Law and Justice. For institutional provisions, see the official CAG constitutional provisions and UPSC constitutional provisions.
Last reviewed: 19 September 2026.