Since you provided the title "Article 148(3) in Constitution of India" and the court as "Constitution Subarticle" with a date of "26 January 1950," this isn't a typical court case but rather a provision within the Indian Constitution itself. Therefore, I will summarize the content of Article 148(3) of the Constitution of India.
Short Summary
Article 148(3) of the Constitution of India pertains to the conditions of service of persons serving in the Indian Audit and Accounts Department and the audit qualifications of the Comptroller and Auditor-General of India (CAG). It empowers the President to prescribe these conditions and qualifications after consultation with the CAG.
Facts
This isn't a case with specific facts. Article 148 is a constitutional provision establishing the office of the Comptroller and Auditor-General of India. Clause (3) specifically addresses the regulatory framework governing the CAG's office and its personnel.
Issues
The issue addressed by Article 148(3) is: How are the conditions of service of persons serving in the Indian Audit and Accounts Department and the audit qualifications of the CAG to be determined?
Petitioner's Arguments
There is no petitioner in this context. This is a constitutional provision. The underlying philosophy is to ensure the independence and effectiveness of the CAG's office by allowing for the prescription of appropriate service conditions and qualifications.
Respondent's Arguments
There is no respondent in this context. This is a constitutional provision. The provision aims to balance the CAG's autonomy with the overall executive authority of the President.
Court's Reasoning
Since this is a constitutional provision and not a court case, there is no court reasoning. The framers of the Constitution included Article 148(3) to allow for flexibility in adapting the conditions of service and qualifications to the evolving needs of the Indian Audit and Accounts Department and the CAG's role. The requirement of consultation with the CAG ensures that the President's decisions are informed by the expertise and experience of the CAG.
Conclusion
Article 148(3) of the Constitution of India empowers the President, after consultation with the Comptroller and Auditor-General of India, to prescribe the conditions of service of persons serving in the Indian Audit and Accounts Department and the audit qualifications of the CAG. This ensures a framework for the efficient and independent functioning of the CAG's office.
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