Article 60

Article 60 of the Indian Constitution sets out the procedure, form, and significance of the oath or affirmation taken by the President of India before assuming office. It ensures that the President solemnly commits to upholding the Constitution, safeguarding the law, and working for the welfare of the people. This article symbolises the beginning of the President’s constitutional duties and reinforces the democratic values and constitutional supremacy of India.

Text of Article 60

Article 60 states:“Every President and every person acting as President or discharging the functions of the President shall, before entering upon 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.’”

Key Provisions

1. Mandatory Oath: Every person elected or acting as President must take an oath or affirmation before assuming office.
2. Authority Administering the 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 present performs this duty.
3. Form of the Oath: The President can choose either to “swear in the name of God” or to “solemnly affirm,” ensuring freedom of belief in accordance with India’s secular character.
4. Scope of the Oath: It includes a pledge to:
   • Faithfully execute the office of the President.
   • Preserve, protect, and defend the Constitution and the law.
   • Devote themselves to the service and well-being of the people of India.

Significance of the Oath

The oath under Article 60 carries deep constitutional and moral importance. It represents the President’s allegiance to the Constitution, which is the supreme law of the land. The oath serves several purposes:

• Constitutional Commitment: It binds the President to the principles of the Constitution, ensuring impartiality and adherence to constitutional norms.
• Moral Responsibility: It acts as a moral compass, reminding the President of the ethical and democratic values embedded in the office.
• Legal Accountability: It establishes a legal foundation for holding the President accountable in case of violation, as prescribed under Article 61 through impeachment.
• Public Trust: It assures the people of India that the head of the State is committed to protecting their rights and promoting their welfare.

The Constitutional Spirit Behind the Oath

The framers of the Constitution intended the office of the President to be above party politics, representing the unity and integrity of the nation. By pledging to “preserve, protect, and defend the Constitution and the law,” the President becomes the guardian of constitutional democracy and the symbol of national stability.
The oath reflects India’s democratic ethos and the belief that sovereignty resides in the people, who act through the Constitution and their elected representatives.

Judicial Interpretation

The Supreme Court of India has frequently referred to the significance of the President’s oath while interpreting constitutional provisions:

• Keshavananda Bharati v. State of Kerala (1973): The Court reinforced the concept of the supremacy of the Constitution, which the President is bound to preserve and protect.
• S. R. Bommai v. Union of India (1994): The Court held that the President must act in accordance with the Constitution and cannot exercise powers arbitrarily, as the oath requires fidelity to constitutional principles.
• Indira Gandhi v. Raj Narain (1975): Highlighted that constitutional authorities, including the President, must act in conformity with the Constitution and the rule of law.

These cases affirm that the President’s oath is not symbolic but a binding constitutional obligation.

Relation to Other Constitutional Provisions

• Article 59: Specifies the conditions of the President’s office, including independence and impartiality.
• Article 61: Provides for impeachment of the President for violation of the Constitution, which would constitute a breach of the oath.
• Article 62: Deals with elections and the timing of filling vacancies in the office of the President.
• Second Schedule: Specifies the privileges and emoluments of the President, enabling the effective discharge of duties taken under oath.

Together, these provisions form the constitutional framework ensuring that the President performs their duties within the bounds of law and accountability.

Historical Context

The practice of requiring an oath for the head of state is common to most constitutional democracies. In India, the first President, Dr. Rajendra Prasad, took the oath on 26 January 1950, marking the beginning of the Republic. Since then, each President has taken the same oath, signifying continuity in India’s democratic traditions.
The inclusion of both “swear in the name of God” and “solemnly affirm” reflects India’s secular and inclusive ethos, ensuring freedom of conscience for every office-bearer.

Practical Implications

1. Precondition to Assuming Office: No individual can act as President without taking the oath prescribed under Article 60.
2. Accountability Mechanism: Violation of the oath amounts to a breach of the Constitution and can lead to impeachment proceedings under Article 61.
3. Constitutional Authority: Once the oath is taken, the President becomes the supreme constitutional authority of the State, empowered to act in accordance with the Constitution.
4. Symbol of Constitutional Loyalty: The act of taking the oath serves as a reaffirmation of India’s commitment to constitutional governance and the rule of law.

Notable Instances

• Dr. Rajendra Prasad (1950): Took the first oath as President of the Republic of India, setting a precedent for all future Presidents.
• Pratibha Patil (2007): The first woman President, who emphasised women’s empowerment and inclusive governance after her oath.
• Droupadi Murmu (2022): The first tribal woman to assume the office, whose oath marked a historic milestone in India’s democratic evolution.

Each Presidential oath-taking ceremony serves as a symbol of continuity, equality, and the strength of the Republic.

Significance in a Constitutional Democracy

The oath under Article 60 is both a constitutional safeguard and a moral affirmation. It ensures that the President functions within the framework of the Constitution, guided by principles of justice, liberty, equality, and fraternity.
By vowing to preserve, protect, and defend the Constitution, the President assumes the role of constitutional guardian, ensuring that all actions of the State remain in harmony with the rule of law and democratic ideals.

Conclusion

Article 60 of the Indian Constitution is a profound expression of India’s democratic and constitutional philosophy. It binds the President to the spirit and supremacy of the Constitution, ensuring accountability, impartiality, and devotion to public service.