Article 159 of the Indian Constitution is a crucial provision that lays down the solemn commitment required from the person appointed as the Governor of a State before assuming their duties. This oath or affirmation is not merely a formality but represents the constitutional pledge to uphold and protect the fundamental law of the land within their state jurisdiction. It sets the stage for the Governor’s role as the constitutional head of the state.
The specific wording of the oath, detailed within the article itself, highlights the core responsibilities entrusted to the Governor. It underscores the duty to faithfully execute the office and to preserve, protect, and defend the Constitution and the law, while also dedicating oneself to the service and well-being of the people of the state. This commitment forms the bedrock of the Governor’s constitutional function.
Original Text
159. Oath or affirmation by the Governor.
Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe before the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say—
“I, A. B., do swear in the name of God that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of …………(name of the State) and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of …………(name of the State).”
Detailed Explanation
Article 159 mandates that every individual appointed as the Governor of a state, or any person temporarily discharging the functions of the Governor, must make and subscribe to an oath or affirmation before officially entering their office. This constitutional requirement ensures that the person holding this high office formally commits to their duties and responsibilities.
The oath or affirmation is to be administered by the Chief Justice of the High Court that has jurisdiction over the state concerned. In the absence of the Chief Justice, the duty falls upon the senior-most Judge of that High Court who is available at the time. This ensures that the administration of the oath is done by a high judicial authority, reinforcing the constitutional significance of the event.
The text of the oath itself is specifically provided within the article and is identical for both a regularly appointed Governor and someone discharging the Governor’s functions. It contains three main pledges:
- To faithfully execute the office of Governor (or discharge its functions).
- To the best of one’s ability, preserve, protect, and defend the Constitution and the law.
- To devote oneself to the service and well-being of the people of the specific state.
The inclusion of the phrase “preserve, protect and defend the Constitution and the law” is particularly significant, highlighting the Governor’s role as a guardian of the constitutional framework within the state. This is a parallel duty to the President’s oath under Article 60. The option to “swear in the name of God” or “solemnly affirm” caters to individuals’ religious or non-religious beliefs, reflecting the secular nature of the Indian state.
Detailed Notes
- Mandatory Requirement: Article 159 makes it obligatory for the Governor or person discharging Governor’s functions to take an oath/affirmation before assuming office.
- Administrator of Oath:
- The Chief Justice of the High Court exercising jurisdiction in the State.
- In the Chief Justice’s absence, the senior-most Judge of that High Court available.
- Form of Oath/Affirmation: The specific text is laid down within Article 159 itself.
- Choice of Oath: The person can choose to “swear in the name of God” or “solemnly affirm”.
- Contents of the Oath: The oath comprises three key pledges:
- Faithful execution of the office/functions.
- Preserving, protecting, and defending the Constitution and the law (to the best of ability).
- Devoting oneself to the service and well-being of the people of the State.
- Constitutional Significance: The oath formalizes the Governor’s commitment to uphold the Constitution and serve the people.
- Guardian Role: The pledge to ‘preserve, protect and defend the Constitution’ underscores the Governor’s role as a key constitutional functionary and a link between the Union and the State.
- Comparison with President’s Oath: Similar wording regarding preserving, protecting, and defending the Constitution is found in the President’s oath (Article 60), highlighting a shared constitutional duty at different levels.
- Placement in Constitution: The article is located in Part VI, which deals with the States.
- Not in Third Schedule: Unlike oaths for many other functionaries (like Ministers, MPs, MLAs, Judges), the Governor’s oath form is explicitly given in Article 159 itself and is not listed in the Third Schedule.
Additional Comments
- The administration of the oath by the Chief Justice of the High Court emphasizes the judiciary’s role in overseeing the proper functioning of the constitutional machinery.
- The phrase “to the best of my ability” acknowledges that the Governor’s actions are subject to human limitations but requires sincere effort towards upholding the Constitution and law.
- The oath reflects the dual nature of the Governor’s office – representing the Union government while also being the constitutional head and guardian of the state’s interests and its people’s well-being.
- The specific wording “preserve, protect and defend” imposes a direct constitutional duty on the Governor to act as a bulwark against any violation of the Constitution or the law within the state.
Summary
Article 159 of the Indian Constitution mandates that the Governor of a State must take a prescribed oath or affirmation before entering office. This oath, administered by the Chief Justice of the High Court (or senior-most judge), involves pledging to faithfully execute the office, preserve, protect, and defend the Constitution and the law to the best of their ability, and devote themselves to the service and well-being of the state’s people. The specific form of this oath is provided within Article 159 itself, highlighting its critical importance in establishing the Governor’s constitutional responsibilities and commitment.