Constitutional Prescriptions related to Oaths

Sl. No.	Functionaries	Oath Administered by / Made and Subscribed Before	Related Article
1	President	Before the Chief Justice of India (or the senior-most Judge of the Supreme Court available)	60
2	Vice-President	Before the President (or some person appointed in that behalf by him)	69
3	Union Ministers	By the President	75
4	Candidate for Election to the Parliament	Before some person authorized in that behalf by the Election Commission	84
5	Members of the Parliament	Before the President (or some person appointed in that behalf by him)	99
6	Judges of the Supreme Court	Before the President (or some person appointed in that behalf by him)	124
7	Comptroller and Auditor-General of India	Before the President (or some person appointed in that behalf by him)	148
8	Governor of a State	Before the Chief Justice of the State High Court (or the senior-most Judge of the State High Court available)	159
9	State Ministers	By the Governor of the State	164
10	Candidate for Election to the State Legislature	Before some person authorized in that behalf by the Election Commission	173
11	Members of the State Legislature	Before the Governor of the State (or some person appointed in that behalf by him)	188
12	Judges of the High Courts	Before the Governor of the State (or some person appointed in that behalf by him)	219

Analytical Insights on Constitutional Oaths

1. Oaths Reflect the Spirit of Constitutional Morality

Every oath in the Constitution is not merely a formality — it is a solemn declaration of loyalty to the Constitution.
It transforms political power into constitutional responsibility.

💬 Dr. Ambedkar had said: “The Constitution is only as good as the people who operate it.”
These oaths are the psychological bridge between authority and accountability.

2. The “Administered By” Pattern Reflects Hierarchical Accountability

If you look closely at who administers each oath — you’ll see a hierarchy of constitutional responsibility:

The person administering the oath is always one step higher or institutionally neutral, ensuring that no authority takes an oath before itself — a subtle but powerful check against concentration of power.

3. Constitutional Dualism: Centre–State Parallels

Notice how the pattern mirrors itself between the Union and States — showing federal consistency.

Union Level	State Level	Oath Administered By
President	Governor	CJI / CJ of HC respectively
Vice-President	State Ministers	President / Governor
Union Ministers	State Ministers	President / Governor
MPs	MLAs	President / Governor
SC Judges	HC Judges	President / Governor

✅ Interpretation:
This reflects a federal balance — same logic, same hierarchy, different levels.
It ensures that constitutional accountability is uniform across the Union and States.

4. Oaths: The Constitution’s Ethical Foundation

The content of these oaths generally contains three moral pillars:

1. True faith and allegiance to the Constitution of India
2. Upholding the sovereignty and integrity of India
3. Faithful discharge of duties without fear or favour, affection or ill-will

These words create a constitutional culture that demands every public official:

• acts with constitutional loyalty, not personal loyalty,
• serves the nation, not a party,
• and upholds law and integrity, not convenience or pressure.

It’s the difference between being a “ruler under law” and a “servant of law.”

5. Judicial Supervision Over Executive Authority — A Profound Constitutional Message

Two of the most symbolically powerful oaths are:

• The President’s oath, administered by the Chief Justice of India, and
• The Governor’s oath, administered by the Chief Justice of the State High Court.

🧠 Interpretation:
This is not a coincidence — it’s deliberate.
It signals that the executive power is subject to the Constitution and the rule of law, and that the judiciary stands as its moral and legal guardian.

The message: “Law stands above authority.”

6. Election-Related Oaths Reflect Democratic Legitimacy

Candidates and members of legislative bodies must take oaths before entering office — ensuring they consciously affirm allegiance to:

• The Constitution,
• The sovereignty and unity of India, and
• The responsibility to represent people lawfully.

💡 Meaning:
This prevents anti-constitutional individuals from legally functioning within the legislature, ensuring every representative’s first act is one of constitutional submission.

7. Oath-Taking: A Bridge Between Legality and Morality

While elections and appointments confer legal authority, the oath confers moral legitimacy.
It marks the transformation from citizen → constitutional functionary.

For example:

• A person becomes the President only after taking oath before the CJI.
• An MLA or MP cannot sit or vote in the legislature without taking oath before the Governor or President.

👉 Thus, the oath is the starting point of constitutional authority.

8. The Election Commission’s Role in Administering Oaths

Candidates for elections (both Parliament and State Legislature) make oaths before persons authorized by the Election Commission.

This shows that:

• The conduct of elections is placed under a neutral and constitutional body (ECI).
• Oath-taking here is not political but institutional and impartial — reinforcing the independence of electoral processes.

9. Procedural Decentralisation with a Symbolic Central Message

Although different officers administer oaths at various levels, the essence of every oath is identical — loyalty to the same Constitution.

✅ This means:

• Whether a Panchayat member or the President,
• Whether a High Court judge or a Cabinet Minister —
  → All derive legitimacy from one common source — the Constitution of India.

Thus, oath-taking is a ceremonial reaffirmation of unity in a diverse federal system.

🌟 Essence of the Table

Oaths are the constitutional handshake between power and principle.
They transform mere officeholders into guardians of the Republic.

Law gives you the post, but the oath gives it dignity.