Part VI: The States

Chapter I - General

Article 159: Oath or Affirmation by the Governor

--- Original Article ---

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/ solemnly affirm 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).”

Explanation

Article 159 of the Constitution of India specifies the oath or affirmation that every Governor or acting Governor must take before assuming their office. The oath is a solemn pledge to uphold the Constitution, the law, and to serve the people of the respective state. This article reinforces the principles of constitutional governance by binding the Governor to the framework of the Constitution and the welfare of the people.

Fundamental Aspects

1: The Oath or Affirmation

The oath or affirmation outlined in this article is a mandatory requirement for every Governor or acting Governor before they assume office. It is a promise to:

• Faithfully execute the duties of the office.
• Preserve, protect, and defend the Constitution and the law.
• Devote themselves to the service and well-being of the people of the state.

The wording of the oath allows flexibility, providing the individual the option to swear "in the name of God" or to make a "solemn affirmation," ensuring respect for the personal beliefs of the appointee.

2: Authority to Administer the Oath

The oath or affirmation must be administered in the presence of the Chief Justice of the High Court with jurisdiction over the state. If the Chief Justice is unavailable, the senior-most judge of the High Court steps in to perform this duty. This provision ensures the legal and formal recognition of the Governor’s commitment to the constitutional framework.

Amendments and Modifications

There have been no significant amendments to Article 159 since its adoption. However, the importance of this provision remains unchanged as it forms the constitutional basis for the accountability of a Governor to the law and the people. The text of the oath or affirmation has not been altered, reflecting its continuing relevance in modern governance.

Real-Life Examples

• Jagdish Mukhi in Assam (2017): Upon being appointed as the Governor of Assam in 2017, Jagdish Mukhi took the oath in accordance with Article 159, administered by the Chief Justice of the Gauhati High Court, symbolizing his role in upholding democratic values in the state.
• Bhagat Singh Koshyari in Maharashtra (2020): Bhagat Singh Koshyari, as Governor of Maharashtra, took the oath of office under Article 159, affirming his commitment to the Constitution amidst political complexities in Maharashtra.

Historical Significance

Article 159 traces its roots to the colonial period, where Governors were primarily representatives of the British Crown. Post-independence, this article was designed to ensure that Governors, while being the ceremonial heads of the states, remain committed to the values enshrined in the Constitution of India. The framers of the Constitution sought to imbue the office of the Governor with the responsibility of protecting constitutional principles.

Legislative History

Article 159 of the Indian Constitution, initially drafted and deliberated as Article 136 of the Draft Constitution, was subsequently enshrined into the final text of the Indian Constitution on May 31, 1949.

Debates and Amendments

During the discussion, Dr. B. R. Ambedkar proposed replacing "in the presence of the members of the Legislature of the State" with "in the presence of the Chief Justice or, in his absence, any other judge of the High Court exercising jurisdiction in relation to the State."

Shri T. T. Krishnamachari suggested a similar amendment, clarifying that the oath should be taken in the presence of the Chief Justice of the High Court or, if unavailable, the senior-most judge, aligning with the procedure for selecting the Governor.

Shri H. V. Kamath introduced an amendment to allow "I, A.B., do swear in the name of God or solemnly affirm," providing an alternative for those who preferred not to swear in the name of God.

Pandit Hirday Nath Kungru asked if the oath accommodated atheists, and the President confirmed that it did by allowing a secular affirmation option.

The Assembly adopted the amended Article 136, incorporating these important changes.

References

• The Constitution of India, Article 159
• Constitutional Assembly Debates, Vol. IX, 1949
• M. P. Jain, Indian Constitutional Law
• Granville Austin, The Role of Governors in India’s Federal Structure