Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court. Subsection (6) of this article is a crucial provision that lays down a fundamental requirement for any individual appointed to the high office of a Judge of the Supreme Court of India. It mandates a solemn process involving an oath or affirmation, highlighting the gravity and responsibility associated with the judicial role.
This specific clause ensures that every person before assuming the duties of a Supreme Court Judge formally pledges allegiance to the Constitution and commits to discharging their functions faithfully and without bias. This oath is a prerequisite to taking office, serving as a foundational promise to uphold the principles enshrined in the Constitution and the rule of law.
Original Text
(6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
Detailed Explanation
Article 124(6) is a clear and unambiguous provision that specifies the mandatory step a person must undertake before formally entering the office of a Judge of the Supreme Court. The process involves making and subscribing (which implies signing) an oath or affirmation. An oath is typically taken by persons professing a religious belief, while an affirmation is for those who prefer not to take an oath, often on grounds of conscience or religious belief. Both are legally equivalent declarations of commitment.
The authority before whom this solemn declaration must be made is the President of India. The Constitution, however, provides flexibility by allowing the President to appoint another person to administer the oath or affirmation on his behalf. This is often a practical necessity, and typically the Vice-President, a senior Judge of the Supreme Court, or another high-ranking official may be designated by the President for this purpose.
The specific content and format of this oath or affirmation are not detailed within Article 124 itself but are explicitly referred to the Third Schedule of the Constitution. The Third Schedule contains the forms of oaths or affirmations for various constitutional functionaries, including the Judges of the Supreme Court. The form for a Supreme Court Judge requires the individual to swear in the name of God or solemnly affirm that they will bear true faith and allegiance to the Constitution of India as by law established, uphold the sovereignty and integrity of India, duly and faithfully and to the best of their ability, knowledge and judgment perform the duties of their office without fear or favour, affection or ill-will, and uphold the Constitution and the laws.
This oath is not merely ceremonial; it is a constitutional requirement that underscores the judge’s commitment to the fundamental law of the land, the nation’s sovereignty, the impartial discharge of duties, and the protection of the Constitution and the laws. It serves as a constant reminder of the heavy responsibilities and ethical obligations associated with the highest judicial office.
Detailed Notes
- Mandatory Requirement: Every person appointed as a Judge of the Supreme Court shall make and subscribe an oath or affirmation.
- Timing: This act must be performed before the person enters upon their office. It is a prerequisite for assuming judicial duties.
- Action: The individual must both “make” (speak aloud the declaration) and “subscribe” (sign) the oath or affirmation.
- Administering Authority: The oath or affirmation must be made before the President of India.
- Delegation: The President may appoint some other person to administer the oath or affirmation on his behalf.
- Form: The specific wording and format of the oath or affirmation are prescribed in the Third Schedule of the Constitution.
- Content of Oath/Affirmation (from Third Schedule):
- To bear true faith and allegiance to the Constitution of India.
- To uphold the sovereignty and integrity of India.
- To duly and faithfully and to the best of their ability, knowledge and judgment perform the duties of the office.
- To perform duties without fear or favour, affection or ill-will.
- To uphold the Constitution and the laws.
- Significance: Symbolizes commitment to the Constitution, rule of law, impartiality, and judicial independence. It is the formal pledge taken before discharging judicial functions.
Additional Comments
- This article directly links to and derives the specific content of the oath from the form provided in the Third Schedule of the Constitution under the heading “Form of oath or affirmation to be made by a Judge of the Supreme Court or an Auditor-General of India”.
- The requirement of taking this oath before assuming office highlights its fundamental importance as a constitutional commitment to uphold the pillars of Indian democracy and justice.
- The oath’s emphasis on performing duties “without fear or favour, affection or ill-will” is particularly significant for ensuring the independence and impartiality of the judiciary.
- The act of subscribing the oath makes it a legally binding document and a matter of official record.
Summary
Before assuming office, every appointed Judge of the Supreme Court is constitutionally required by Article 124(6) to make and subscribe an oath or affirmation. This solemn declaration must be made before the President of India or a person designated by the President for this purpose. The exact form and content of this oath or affirmation, which includes pledging allegiance to the Constitution, upholding sovereignty and integrity, and performing duties impartially, are detailed in the Third Schedule of the Constitution. This act is a vital prerequisite for a judge to commence their judicial duties, signifying their commitment to the rule of law and the Constitution.