The Oath

THE OATH

The oath-taking ceremony, a formal event, which signifies a person assuming control of a post, and is associated with several government offices in India, such as that of the President, the PM, the CM, Cabinet Ministers and judges.

The Third Schedule of the Constitution details the oaths for other offices. Holders of these offices also take an oath of secrecy.

THE SWEARING IN CEREMONY

It is the formal taking of office, where the person set to occupy the office swears to be loyal to the Constitution and to discharge their duties faithfully.

At different levels of government, the oath is administered by different people.

• For CMs and ministers at the state level, the Governor administers the oath.
• For the Prime Minister and the Union Cabinet, the President.
• The oath of office to the President is administered by the CJI.

Those taking the oath can either swear in the name of God, or simply “solemnly affirm”. The ceremony also underlines the layers which make up India’s political power structure, and affirms the supremacy of the Constitution in our polity.

OATH BY A PRESIDENT

The President’s oath of office, in Article 60 of the Constitution, says,

“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.”

OATH BY A MINISTER

Form of oath of office for a Minister for the Union:—

“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 [that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”

OATH OF SECRECY BY A MINISTER

Form of oath of secrecy for a Minister for the Union:—

“I, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister,”

ARE VARIATIONS ALLOWED?

As earlier reported, constitutional experts and those familiar with procedures and rules of swearing-in ceremonies say that Article 164 makes it clear that the text of the oath has to be read out exactly as it is.

Section 3 of the Article states: “Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.”

THE CONSTITUENT ASSEMBLY DISCUSSIONS ON OATH

The words of the oaths were arrived at after considerable discussions in the Constituent Assembly. One of the sharpest debates was about whether office bearers of a secular state should swear in the name of God.

Even after it was agreed upon that God could be part of the oath, there were disagreements on whether “in the name of God” should come before or after “solemnly affirm”, with one leader even thundering at Dr BR Ambedkar that ‘grammar should not stand in the way of God’.

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