Actual Article
Article 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 in the presence of 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).”
UPSC Notes for Article 159
Explanation:
- Oath or Affirmation:
- Every Governor, before assuming office, must take an oath or make an affirmation.
- The oath or affirmation is made in the presence of the Chief Justice of the High Court of the State or, in the Chief Justice’s absence, the senior-most Judge of the High Court.
- Oath Content:
- The Governor swears to faithfully execute the office of Governor, preserve, protect, and defend the Constitution and the law, and devote themselves to the service and well-being of the people of the State.
Key Points:
- Formal Requirement: The oath or affirmation is a formal requirement for assuming the office of Governor.
- Constitutional Commitment: The oath emphasizes the Governor’s commitment to upholding the Constitution and serving the people.
- Judicial Presence: The presence of the Chief Justice or senior-most Judge underscores the legal and constitutional significance of the oath.
Important Cases and Commissions Related to Article 159
Cases:
- Shamsher Singh vs. State of Punjab (1974): Highlighted the importance of the Governor acting in accordance with the Constitution and the law, as sworn in the oath of office.
- State of Rajasthan vs. Union of India (1977): Discussed the constitutional duties and responsibilities of the Governor, reaffirming the importance of the oath.
Commissions:
- Sarkaria Commission: Emphasized the need for Governors to uphold constitutional values and act impartially, as reflected in the oath.
- Punchhi Commission: Recommended measures to ensure Governors adhere to their constitutional duties, as sworn in their oath of office.
Previous Year Prelims Questions Related to Article 159
- (UPSC Prelims 2016) The oath or affirmation by the Governor is made in the presence of:
- A. The President
- B. The Prime Minister
- C. The Chief Justice of India
- D. The Chief Justice of the High Court of the State Correct Answer: D. The Chief Justice of the High Court of the State
- (UPSC Prelims 2018) Before entering upon his office, the Governor must make and subscribe an oath or affirmation to:
- A. Faithfully execute the office and preserve, protect, and defend the Constitution and the law
- B. Be impartial in his duties
- C. Serve the President of India
- D. Uphold the sovereignty of India Correct Answer: A. Faithfully execute the office and preserve, protect, and defend the Constitution and the law
Previous Year Mains Questions Related to Article 159
- Mains 2016: “Discuss the significance of the oath or affirmation taken by the Governor under Article 159. How does this oath underscore the Governor’s constitutional responsibilities?”
- Mains 2019: “Analyze the role of the oath or affirmation in ensuring that the Governor upholds constitutional values and serves the well-being of the people. Why is this oath administered in the presence of a judicial authority?”
Additional Insights:
- Symbolic and Practical Importance: The oath or affirmation is both a symbolic commitment to constitutional values and a practical reminder of the Governor’s duties and responsibilities.
- Judicial Oversight: The requirement for the oath to be made in the presence of the Chief Justice or senior-most Judge ensures a high level of accountability and underscores the legal importance of the Governor’s role.
- Commitment to Service: The explicit mention of devotion to the service and well-being of the people highlights the Governor’s role as a public servant dedicated to the State’s citizens.
Understanding Article 159 is crucial for UPSC aspirants as it outlines the requirements for the oath or affirmation by the Governor, emphasizing the constitutional duties and responsibilities of the office. This knowledge is essential for both preliminary and main examinations, offering insights into the mechanisms that support the Governor’s role in upholding the Constitution and serving the people of the State.