Article 159

Article 159 of the Constitution of India specifies the oath or affirmation that every Governor must take before entering upon the duties of the office. This provision ensures that the Governor, as the constitutional head of the State, formally pledges to uphold, protect, and defend the Constitution and to serve the people of the State with integrity, impartiality, and devotion.
The oath under Article 159 is both a constitutional and moral undertaking, reaffirming the Governor’s allegiance to the constitutional framework and the democratic principles upon which the Indian Republic rests.

Constitutional Text

Article 159 reads:

“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 (or 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).’”

Key Provisions and Meaning

1. Mandatory Requirement:
   • Before assuming office, every Governor (and any person acting as Governor under Article 160) must make and subscribe an oath or affirmation.
   • This is a precondition for assuming constitutional authority and performing executive functions.
2. Administering Authority:
   • The oath is administered by the Chief Justice of the High Court of the concerned State.
   • If the Chief Justice is unavailable, the senior-most judge of the High Court performs this duty.
   • This reflects the symbolic link between the judiciary and the executive, underscoring the supremacy of the Constitution and the rule of law.
3. Form of the Oath:
   • The Governor can choose either to swear in the name of God or to make a solemn affirmation (for those who do not wish to swear religiously).
   • The wording of the oath embodies three essential commitments:
     • To faithfully execute the office of Governor.
     • To preserve, protect, and defend the Constitution and the law.
     • To serve and promote the well-being of the people of the State.
4. Scope of Application:
   • Article 159 applies to all Governors and to any person discharging the functions of the Governor temporarily under Article 160.
   • It ensures that even an acting or interim Governor is bound by the same constitutional pledge.

Significance of the Oath

The oath under Article 159 is not merely ceremonial but a constitutional safeguard ensuring the Governor’s accountability to the Constitution and to the people.

1. Affirmation of Constitutional Supremacy:The Governor’s pledge to “preserve, protect, and defend the Constitution” symbolises the supremacy of constitutional law over political or personal considerations.
2. Commitment to Public Service:The promise to “devote myself to the service and well-being of the people” underscores the Governor’s role as a public servant and guardian of citizens’ welfare.
3. Guarantee of Impartiality:By taking the oath before a judicial authority, the Governor acknowledges the independence of the office and its insulation from partisan politics.
4. Moral and Legal Accountability:The oath binds the Governor to act within the boundaries of the Constitution and laws of the land, serving as a moral compass for constitutional conduct.

Constitutional Context

Article 159 is part of Chapter II of Part VI of the Constitution, which deals with the State Executive (Articles 153 to 167). It complements other provisions relating to the office of the Governor:

• Article 153: Establishes the office of the Governor for each State.
• Article 154: Vests the executive power of the State in the Governor.
• Article 155: Deals with the appointment of Governors by the President.
• Article 156: Specifies the term of office of the Governor.
• Article 157–158: Lay down the qualifications and conditions of the Governor’s office.
• Article 160: Provides for the discharge of the Governor’s functions in certain contingencies.

Together, these provisions define the constitutional role, authority, and responsibilities of the Governor within India’s federal structure.

Judicial Interpretation and Case Law

Although Article 159 has not been directly contested in any major case, the judiciary has often emphasised the significance of the Governor’s oath in upholding constitutional principles and the impartiality of the office.

1. K. K. Verma v. Union of India (1954):The Court discussed the constitutional responsibilities of the Governor and affirmed that the office is one of trust and constitutional duty, bound by the oath taken under Article 159.
2. Shamsher Singh v. State of Punjab (1974):The Supreme Court held that the Governor, as a constitutional head, must act on the aid and advice of the Council of Ministers, except in cases where the Constitution grants discretion. The judgment reaffirmed that the Governor’s oath to uphold the Constitution restricts arbitrary or partisan action.
3. Rameshwar Prasad v. Union of India (2006):The Court reiterated that the Governor’s powers must be exercised within the bounds of constitutional morality and guided by the oath taken to defend the Constitution and serve the people.

Through these cases, the judiciary has reinforced that the Governor’s oath is a solemn constitutional commitment, not a mere formality.

Significance in the Constitutional Framework

1. Foundation of Constitutional Conduct:The oath binds the Governor to adhere strictly to the constitutional framework, ensuring that personal or political considerations do not influence decisions.
2. Safeguard for Democratic Governance:The pledge to uphold the Constitution ensures that the Governor functions as a neutral constitutional authority, particularly during political crises or the exercise of discretionary powers.
3. Symbol of Rule of Law:The requirement that the oath be administered by the judiciary symbolises the rule of law and the supremacy of the Constitution in State governance.
4. Instrument of Accountability:The oath serves as a moral and constitutional reminder that all actions taken by the Governor must conform to constitutional principles and democratic values.

Administrative Procedure and Ceremonial Importance

• The oath-taking ceremony is typically conducted in the Raj Bhavan (Governor’s official residence) in the presence of the Chief Justice or the senior-most judge of the High Court.
• The ceremony is a public affirmation of constitutional governance, attended by State dignitaries, ministers, and officials.
• Once the oath or affirmation is administered, the Governor formally assumes office and begins performing constitutional functions.

This ceremony symbolises the beginning of a Governor’s tenure as the guardian of the Constitution and representative of the President of India in the State.

Related Provisions and Practices

• Similar oaths are prescribed for other constitutional offices under the Third Schedule of the Constitution:
  • Article 60: Oath of the President of India.
  • Article 69: Oath of the Vice-President.
  • Article 75(4): Oath of Ministers of the Union.
  • Article 164(3): Oath of Ministers of the State.
  • Article 219: Oath of Judges of the High Courts.
• The uniformity in the structure of these oaths underscores a shared commitment to the Constitution and rule of law.

Historical and Comparative Context

The practice of taking an oath before assuming office originates from British parliamentary traditions, where constitutional heads pledge allegiance to the Crown and uphold laws.In India’s democratic context, however, the oath signifies loyalty to the Constitution, not to any monarch or political party, marking a shift from colonial subordination to constitutional sovereignty.

Contemporary Relevance

In the current political landscape, Article 159 remains a reminder that the Governor’s authority is derived from and limited by the Constitution.

• The Governor’s oath ensures accountability during politically sensitive situations, such as government formation, dissolution of the legislature, or the imposition of President’s Rule.
• Recent controversies surrounding Governors’ conduct have reignited discussions about the need for Governors to act strictly in accordance with their constitutional oath, free from partisan influence.

Constitutional Significance

Article 159 is a cornerstone of constitutional propriety and good governance. It symbolises the Governor’s formal entry into constitutional responsibility, binding them to uphold:

• The sovereignty of the Constitution,
• The rule of law, and
• The well-being of the people of the State.