Section 1 of The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971
Short Title
Original Text
1. Short title.—This Act may be called the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971.
Visual Summary
Legal Identity
Establishes the official name of the legislation for citation.
Scope Defined
Title explicitly covers Duties, Powers, and Service Conditions.
Year 1971
Marks the legislative year (Act No. 56 of 1971).
Summary
Section 1 serves as the introductory clause of the Act, formally assigning it the name “The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971.” This section is purely nomenclatural, providing the legal handle by which the Act is cited in courts, official documents, and other legislative instruments.
Key Takeaways
- Official Citation: The Act is legally recognized by the title specified in this section.
- Comprehensive Title: The title reflects the three main pillars of the CAG’s office: Duties, Powers, and Conditions of Service.
- Legislative Intent: By naming the Act this way, Parliament signaled its intent to fulfill the mandate of Article 149 of the Constitution.
Key Analysis
- •Nomenclature Significance: The inclusion of “Conditions of Service” in the title is crucial. It indicates that this Act determines salary, pension, and leave, ensuring the CAG’s independence is not compromised by executive discretion, aligning with constitutional safeguards.
- •Scope Limitation: While Section 1 defines the name, it does not explicitly define the “Extent” (geographical applicability) or “Commencement” (date of enforcement) within the section text itself, which is common in many older statutes where the commencement might be notified separately or stated in the preamble.
Key Ingredients
- Subject: “This Act” (referring to the legislation itself).
- Action: “May be called” (authorizing the use of the name).
- Designation: “The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971”.
Related Provisions
Practical Illustrations
Example 1: Legal CitationIn a Supreme Court writ petition challenging the audit jurisdiction of the CAG, the petitioner would refer to the governing law as “The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971” as established by Section 1.
Example 2: Official CorrespondenceWhen the Ministry of Finance issues a notification regarding CAG pension rules, it will explicitly state, “In exercise of powers under Section X of the Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971…”
Process Flowchart
Practice Questions
Q: What is the short title of Act No. 56 of 1971?
- A. The Comptroller and Auditor-General’s (Appointment and Removal) Act, 1971
- B. The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971
- C. The Government Audit Act, 1971
- D. The Public Accounts Act, 1971
View Correct Answer
Correct Answer: B. The Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) Act, 1971
Reasoning: Section 1 explicitly states this as the short title of the Act.
Reasoning: Section 1 explicitly states this as the short title of the Act.
Q: Which of the following is NOT explicitly mentioned in the title of the Act as per Section 1?
- A. Duties
- B. Powers
- C. Conditions of Service
- D. Appointment Procedure
View Correct Answer
Correct Answer: D. Appointment Procedure
Reasoning: The title includes Duties, Powers, and Conditions of Service. Appointment is primarily governed by Article 148 of the Constitution, not the title of this Act.
Reasoning: The title includes Duties, Powers, and Conditions of Service. Appointment is primarily governed by Article 148 of the Constitution, not the title of this Act.
Frequently Asked Questions
Does Section 1 define the jurisdiction of the CAG?
No, Section 1 only provides the short title (name) of the Act. The jurisdiction and duties are defined in subsequent sections, particularly Chapter III (Sections 10-20).
Why is the year 1971 included in the title?
The year indicates when the Act was passed by the Parliament. It helps distinguish this specific legislation from other acts or amendments passed in different years.
Does this section mention when the Act comes into force?
No, Section 1 is strictly for the Short Title. The date of commencement (15th December, 1971) is usually provided in the preamble or a separate commencement notification, though in some acts it is combined with the short title section.
Conclusion
Section 1 is the foundational label of the Act, establishing its legal identity. By clearly defining the title, it ensures there is no ambiguity in referencing the specific law that governs the high constitutional office of the Comptroller and Auditor-General of India.