Part VI: The States

Chapter V - The High Courts in the States

Article 219: Oath or Affirmation by Judges of High Courts

Original 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.

Amendments:

¹ The words "in a State" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Explanation:

Article 219 mandates that every High Court judge must take an oath or affirmation before assuming office, emphasizing their commitment to uphold the Constitution and ensure impartial justice.

Clause Headings:

1. Requirement for Oath or Affirmation

Each High Court judge must make an oath or affirmation before the Governor or an authorized representative, following the format in the Third Schedule, to uphold constitutional values and judicial integrity.

Historical Significance:

The practice of taking an oath reflects a long-standing tradition of accountability and commitment to the Constitution, adopted as a foundational requirement in independent India.

Real-Life Examples:

For instance, Justice Dipak Misra took this oath before assuming office as a High Court judge, symbolizing his allegiance to impartiality and constitutional supremacy.

References:

• Constitution (Seventh Amendment) Act, 1956.
• Third Schedule of the Indian Constitution.
• Oath Ceremonies of High Court Judges: Judicial Tradition and Constitutional Mandates.