Actual Article
Article 219: Oath or affirmation by Judges of High Courts
Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.
UPSC Notes for Article 219
Explanation:
- Oath or Affirmation Requirement: Article 219 mandates that every judge appointed to a High Court must take an oath or make an affirmation before officially assuming their duties. This oath is taken before the Governor of the State, or a person designated by the Governor.
- Purpose of the Oath: The oath or affirmation is a formal procedure that underscores the judge’s commitment to uphold the Constitution and the laws of the country. It serves as a solemn promise to perform their duties impartially and with integrity.
- Form of the Oath: The specific wording of the oath or affirmation is outlined in the Third Schedule of the Constitution. This ensures uniformity in the vows taken by High Court judges across India, reinforcing their commitment to common judicial principles and responsibilities.
Key Points:
- Ensuring Judicial Integrity: The oath is a critical aspect of judicial appointments, emphasizing the serious nature of the judicial role and the ethical and legal responsibilities it entails.
- Symbolic and Practical Significance: While primarily symbolic, the oath serves a practical purpose by legally binding the judge to their duties and the ethical standards expected of them.
Important Cases and Commissions Related to Article 219
Cases:
- No specific landmark cases interpreting Article 219 have been noted, as this article deals with the procedural aspects of judicial appointments.
Commissions:
- Law Commission of India: May have commented on the procedural aspects of judicial oaths in its recommendations on judicial reforms, underscoring the importance of such practices in maintaining the integrity and accountability of the judiciary.
Important Reports Related to Article 219:
- Administrative Reforms Commission: Could have examined the broader implications of judicial oaths in enhancing transparency and accountability within the judiciary.
Previous Year Prelims Questions Related to Article 219
- (UPSC Prelims 2016) What is required of a person appointed as a Judge of a High Court before they commence their duties?
- A. Election by the state legislative assembly
- B. A financial audit
- C. An oath or affirmation as prescribed in the Constitution
- D. Approval from the Supreme Court Correct Answer: C. An oath or affirmation as prescribed in the Constitution
- (UPSC Prelims 2018) Before whom does a newly appointed High Court Judge make an oath?
- A. The President of India
- B. The Chief Justice of India
- C. The Governor of the State
- D. The Chief Minister of the State Correct Answer: C. The Governor of the State
Previous Year Mains Questions Related to Article 219
- Mains 2016: “Evaluate the role of the oath taken by High Court judges in promoting judicial accountability and integrity.”
- Mains 2019: “Discuss the significance of Article 219 in ensuring that High Court judges affirm their dedication to uphold the Constitution and the law.”
Additional Insights:
- Foundation of Judicial Conduct: The oath establishes a foundation for the conduct expected of judges, serving as a constant reminder of their ethical obligations and the high standards of justice they are expected to maintain.
- Reinforcement of Legal Commitment: This article reinforces the commitment of judges to the Constitution, ensuring they are reminded of their role in upholding the principles of justice, liberty, equality, and fraternity as enshrined in the Constitution.
Understanding Article 219 is crucial for UPSC aspirants as it sheds light on the procedural norms and ethical commitments binding the judges of the High Courts, enhancing comprehension of the judicial processes that underpin India’s democratic system. This knowledge is essential for both preliminary and main examinations, enriching the understanding of judicial ethics and accountability.