Article 125 - Page 636

DRAFT CONSTITUTION 603

Mr. President: I will now put the amendments to vote.

[Following amendments were adopted.]

1 “That with reference to amendment No. 1975 of the List of Amendments, in Chapter V, of Part V for the word ‘Auditor-General’ wherever it occurs, (including the heading) the words ‘Comptroller and Auditor-General’ be substituted.”

2 “That in clause (1) of article 124 after the word ‘President’ the words ‘by warrant under his hand and seal’ be inserted.”

3 “That with reference to amendment No. 1975 of the List of amendments, after clause (1) of article 124, the following new clause be inserted :—

‘(1-a) Every person appointed to be the comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President or some person appointed in that behalf by him an affirmation or oath according to the form set out for the purpose in the Third Schedule.’”

4 “That for amendment No. 25-A of List-I (Third Week) of amendments to Amendments, dated the 2Sth May 1949, the following be substituted :—

“that with reference to amendment No. 1980 of the List of amendments, for clause (4) of article 124, the following clause be substituted :—

‘(4) Subject to the provisions of any law made by Parliament; the conditions of service of members of the staff of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the Comptroller and AuditorGeneral :

Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.’”

5 “That with reference to amendment No. 1981 of the List of amendments, for clause (5) of article 124, the following clause be substituted :—

“(5) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of the Comptroller and Auditor-General and members of his staff, shall be charged upon the revenues of India.’”

Article 124, as amended was added to the constitution.

ARTICLE 125

The Honourable Dr. B. R. Ambedkar : Mr. President, Sir, I move :

“That for the Explanation to article 125, the following Explanation be’ substituted :—

Explanation. — In this article, the expression ‘law made by Parliament’ includes any law ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution and for the time being in force in the territory of India’.”

The House probably will remember that the functions of the AuditorGeneral are regulated not by law made by Parliament, but by Ordinance, order, bye-law, rule or regulation, etc., made by the Governor-General, under the powers conferred upon him by the Government of India Act,

*CAD, Vol. VIII, 30th May 1949, p. 412.