Article 69 of the Indian Constitution lays down the specific oath or affirmation that the person elected as the Vice-President of India must take before assuming the duties of the office. This oath is a solemn declaration of commitment to the Constitution and the discharge of official duties, signifying the formal entry into the Vice-President’s office.
Taking the oath is a mandatory prerequisite for the Vice-President to legally enter upon and exercise the powers and functions of the office. It is administered by a specific authority as prescribed by the Constitution itself.
Original Text
“69. Oath or affirmation by the Vice-President.—Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, 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 bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”
Detailed Explanation
Article 69 mandates that the Vice-President-elect must take a specific oath or affirmation before they can officially assume their office. This oath serves as a formal pledge to uphold the Constitution and faithfully perform their duties.
The article specifies two key aspects:
- Who administers the oath: The oath is administered by the President of India. In the absence of the President, the President may appoint a person to administer the oath on their behalf.
- The form of the oath/affirmation: The article provides the exact wording that the Vice-President must utter. The phrase “swear in the name of God” allows for a religiously inclined oath, while “solemnly affirm” provides an option for those who prefer a secular declaration. Both require the individual to declare their true faith and allegiance to the Constitution of India and to faithfully discharge the duties of the office they are about to enter. The individual subscribes (signs) the oath after making the declaration.
This procedure ensures that the Vice-President formally acknowledges the responsibilities and constitutional commitments associated with their high office before commencing their term.
Detailed Notes
- Article 69 specifies the oath or affirmation required for the Vice-President of India.
- This oath must be taken before the Vice-President enters upon their office.
- The purpose is a solemn declaration of commitment to the Constitution and official duties.
- The oath is administered by the President of India.
- Alternatively, the President can appoint some other person to administer the oath.
- The Vice-President must make (recite) and subscribe (sign) the oath or affirmation.
- The wording of the oath/affirmation is precisely provided in the article.
- The Vice-President must declare:
- True faith and allegiance to the Constitution of India as by law established.
- To faithfully discharge the duty upon which they are about to enter.
- The oath offers the choice between “swear in the name of God” and “solemnly affirm”.
- Taking this oath is a mandatory requirement for assuming the office of Vice-President.
- The oath reinforces the constitutional nature of the office and the supremacy of the Constitution.
Additional Comments
- The form of the oath for the Vice-President is simpler compared to the oath taken by the President (Article 60), which includes a pledge to “preserve, protect and defend the Constitution and the law” and to “devote himself to the service and well-being of the people of India”. The VP’s oath focuses more on allegiance to the Constitution and faithful discharge of duty.
- If the President’s office is vacant, the Vice-President acts as President (Article 65). When acting as President, the Vice-President does not take a separate oath as President under Article 60; they continue to function based on their oath as Vice-President.
- Failure to take the oath as prescribed would prevent the individual from legally assuming the office of Vice-President.
- The reference to the Constitution “as by law established” means allegiance to the Constitution as it exists, including all valid amendments.
- The “duty upon which I am about to enter” refers primarily to the roles assigned to the Vice-President, which include being the ex-officio Chairman of the Council of States (Rajya Sabha) and acting as President or discharging the functions of the President in certain circumstances.
Summary
Article 69 mandates the specific oath or affirmation that the Vice-President of India must take before entering office. This solemn declaration, administered by the President or an appointed person, requires the Vice-President to pledge true faith and allegiance to the Constitution of India and to faithfully discharge their duties. The article provides the exact wording for this essential constitutional formality.