Article 60 of the Indian Constitution holds significant importance as it lays down the mandatory oath or affirmation that the President of India must take before assuming office. This provision underscores the solemn duty and responsibility entrusted to the Head of State, binding them to uphold the fundamental law of the land and serve the people.
The oath is not merely a formality but a constitutional requirement that reinforces the President’s position as the guardian and protector of the Constitution. It outlines the core commitments the President undertakes upon entering the highest office in the executive hierarchy, setting the tone for their term and defining their primary constitutional obligations.
Original Text
60. Oath or affirmation by the President.—Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India, or, in his absence, the seniormost Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say—
“I, A. B., do— swear in the name of God solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India 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 India.”
Detailed Explanation
Article 60 mandates that the President of India, or any person acting as President or discharging the functions of the President, must take a specific oath or make an affirmation before formally entering the office. This is a constitutional prerequisite without which a person cannot assume the duties of the presidential office.
The article clearly specifies who administers this crucial oath. It must be taken in the presence of the Chief Justice of India (CJI). If the CJI is absent, the oath is administered by the senior-most Judge of the Supreme Court who is available at that time. This ensures that the administration of the oath is conducted by the highest judicial authority, signifying the supremacy of the Constitution and the Law which the President pledges to uphold.
The content of the oath itself is detailed in the article. The person taking the oath (referred to as ‘A. B.’) has the option to either “swear in the name of God” or “solemnly affirm,” accommodating individuals with different beliefs. The oath requires the person to pledge three main things:
- Faithfully execute the office: This involves carrying out the duties and responsibilities associated with the office of President with honesty, integrity, and impartiality, as per the Constitution and laws.
- Preserve, protect, and defend the Constitution and the law: This is a critical pledge, highlighting the President’s role as the custodian of the Constitution. It places a direct duty upon the President to safeguard the Constitution against any potential violation or challenge and to ensure that the laws enacted are in conformity with constitutional principles.
- Devote himself/herself to the service and well-being of the people of India: This part of the oath underscores the democratic essence of the office, reminding the President that their ultimate loyalty is to the citizens of India and their welfare.
This oath is the foundation of the President’s constitutional functions and their primary accountability, reinforcing their duty to act within the bounds of the Constitution and serve the nation’s people.
Detailed Notes
- Article 60 prescribes the oath or affirmation for the President of India.
- This oath must be taken before the President enters upon his/her office.
- The requirement applies to the elected President, as well as any person acting as President or discharging the functions of the President.
- The oath is administered by the Chief Justice of India (CJI).
- In the absence of the CJI, the oath is administered by the senior-most Judge of the Supreme Court who is available.
- The person taking the oath can choose to “swear in the name of God” or “solemnly affirm.”
- The oath contains three core pledges:
- To faithfully execute the office of President.
- To the best of their ability, preserve, protect, and defend the Constitution and the law.
- To devote himself/herself to the service and well-being of the people of India.
- The oath highlights the President’s role as the protector and defender of the Constitution.
- It is a constitutional safeguard ensuring the President acts within the framework of the law and the Constitution.
- Failure to take this oath means the person cannot legally assume the presidential office.
Additional Comments
- The phrase “preserve, protect and defend the Constitution and the law” is unique to the President’s oath and distinguishes it from oaths taken by other functionaries like the Vice-President, Union Ministers, or Members of Parliament.
- This specific phrase places a higher constitutional responsibility on the President regarding the sanctity of the Constitution and legal framework.
- Violation of the Constitution is explicitly mentioned as a ground for the impeachment of the President under Article 61, directly linking the breach of the oath’s commitment to constitutional consequences.
- The President’s oath is a key element solidifying their position as the ceremonial head and the ultimate guardian of the Constitution, acting on the aid and advice of the Council of Ministers.
- The solemnity and public nature of the oath-taking ceremony, usually held in the Central Hall of Parliament, reflect the significance of the office and the commitments made.
Summary
Article 60 of the Indian Constitution mandates a specific oath or affirmation to be taken by the President before assuming office. This oath is administered by the Chief Justice of India or, in their absence, the senior-most available Supreme Court Judge. The President pledges to faithfully execute the office, and to the best of their ability, preserve, protect, and defend the Constitution and the law, and to devote themselves to the service and well-being of the people of India. This constitutional requirement underlines the President’s crucial role as the guardian of the Constitution and the legal framework.