Actual Article
Article 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 senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say—
“I, [name], 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.”
UPSC Notes for Article 60
Explanation:
- Oath of Office: Article 60 mandates that the President of India must take an oath or affirmation before assuming office. This oath is a solemn promise to faithfully execute the office, preserve, protect, and defend the Constitution, and serve the people of India.
- Administration of Oath: The oath is administered by the Chief Justice of India. If the Chief Justice is unavailable, the senior-most Judge of the Supreme Court available will administer the oath.
- Form of Oath: The specific wording of the oath is provided, emphasizing the commitment to the Constitution and the well-being of the people.
Key Points:
- Constitutional Commitment: The oath ensures the President’s commitment to the Constitution and the rule of law.
- Service to People: Highlights the President’s duty to the service and well-being of the citizens.
- Legal Formality: The presence of the Chief Justice or the senior-most Supreme Court Judge underscores the legal and formal nature of the process.
Important Cases and Commissions Related to Article 60
Cases:
- Rameshwar Prasad & Ors vs. Union of India (2006): While not directly about Article 60, this case reinforced the importance of constitutional fidelity and the role of the President in upholding the Constitution.
- S.R. Bommai vs. Union of India (1994): Emphasized the President’s role in preserving the Constitution, indirectly underlining the significance of the oath of office.
Commissions:
- Constitutional Review Commission (2002): Reviewed the roles and responsibilities of constitutional offices, including the President, highlighting the importance of the oath in maintaining constitutional integrity.
- Second Administrative Reforms Commission (2005-2009): Discussed the broader aspects of governance and the need for constitutional functionaries to adhere to their oaths and responsibilities.
Important Reports Related to Article 60
- Election Commission Reports: While primarily focused on electoral processes, these reports often emphasize the importance of constitutional fidelity for elected officials, including the President.
- Law Commission Reports: Various reports have stressed the importance of the President’s oath in maintaining constitutional and democratic governance.
Previous Year Prelims Questions Related to Article 60
- (UPSC Prelims 2011) Who administers the oath of office to the President of India?
- A. Prime Minister of India
- B. Chief Justice of India
- C. Speaker of the Lok Sabha
- D. Attorney General of India Correct Answer: B. Chief Justice of India
- (UPSC Prelims 2015) According to Article 60, the President of India is required to make and subscribe to an oath or affirmation before assuming office. The oath or affirmation is made in the presence of:
- A. Vice-President of India
- B. Speaker of the Lok Sabha
- C. Chief Justice of India or in his absence, the senior-most Judge of the Supreme Court
- D. Prime Minister of India Correct Answer: C. Chief Justice of India or in his absence, the senior-most Judge of the Supreme Court
Previous Year Mains Questions Related to Article 60
- Mains 2013: “Discuss the significance of the President’s oath of office as per Article 60 of the Indian Constitution. How does it reflect the responsibilities and duties of the President?”
- Mains 2018: “Examine the role of the President’s oath of office in upholding the principles of the Indian Constitution. Why is it important for the President to solemnly affirm their duties?”
Additional Insights:
- Importance of the Oath: The oath of office is crucial for reinforcing the President’s role as the guardian of the Constitution. It serves as a reminder of the President’s duty to uphold constitutional values and ensure the rule of law.
- Symbolism and Legal Requirement: The act of taking the oath before the Chief Justice or senior-most Judge symbolizes the legal sanctity of the office and the President’s commitment to impartiality and constitutional governance.
- Historical Context: The tradition of an oath-taking ceremony underscores the continuity of democratic practices and the solemn responsibilities bestowed upon the highest constitutional office.
Understanding Article 60 is essential for UPSC aspirants as it highlights the foundational responsibilities of the President of India. This knowledge is crucial for both preliminary and main examinations, offering insights into the constitutional provisions that define the President’s commitment to upholding the Constitution and serving the nation.