Article 219 of Indian Constitution: Oath or Affirmation by High Court Judges
IMPORTANT LINKS
Part 6 of the Indian Constitution
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Overview |
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Name of the Article |
Article 219 - Oath or affirmation by Judges of High Courts |
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Part of the Constitutional Article |
Part VI |
Article 219 plays an important role under Part VI of the Constitution. Article 219 of Indian Constitution prescribes an oath or affirmation that every High Court judge must take before assuming office. It ensures that the judge pledges to uphold the constitutional principles. The oath is administered by the Governor or a person designated by the Governor. The format of the oath is mentioned in the Third Schedule of the Constitution. It maintains consistency in judicial appointments across the country. Explore in-depth analysis of other Constitutional Articles.
Interpretation of Article 219 of Indian Constitution
Article 219 of Indian Constitution directs a constitutional requirement for High Court judges to formally commit to their duties before taking office. The oath or affirmation shows their determination to the rule of law and the principles mentioned in the Constitution. By making this oath before the Governor or an authorized person, the judge publicly acknowledges their responsibility to administer justice without bias or external influence.
Simplified Interpretation of Article 219 of Indian Constitution
Article 219 of Indian Constitution states that before officially becoming a High Court judge, the person appointed must take an oath or make an affirmation, pledging to uphold the Constitution and carry out their responsibilities with honesty and fairness. The oath is taken before the Governor of the state or someone authorized by the Governor. The Third Schedule of Constitution mentions the exact wordings of the oath.
Significance of Article 219 of Indian Constitution
Article 219 of Indian Constitution aids in maintaining the integrity and accountability of the judiciary. It strengthens the commitment of High Court judges to uphold constitutional values, maintain neutrality and serve the justice system with dedication.
- Ensuring Judicial Integrity – The oath or affirmation binds judges to ethical and legal principles, ensuring they remain impartial and committed to justice.
- Symbolic and Practical Importance – While the oath is a formal requirement, it also serves a legal function by affirming the judge’s dedication to constitutional values.
- Uniformity Across Judiciary – The standardized format in the Third Schedule ensures consistency in judicial commitments across different High Courts in India.
Landmark Cases related to Article 219 of Indian Constitution
On 6th December, 1963, the Allahabad High Court in Shabbir v. State examined whether the oath-taking procedure for High Court Judges, as mandated by the Constitution, was strictly mandatory or merely procedural. The case originated when the Petitioner Shabbir challenged the legality of oaths taken by Additional Judges. The Petitioner contended that their initial oaths deviated from the newly amended form introduced by the Sixteenth Amendment Act, 1963.
The 3-Judge Bench comprising Justice Satish Chandra, Justice Capoor and Justice Tripathi held that the oath is essential for assuming office, minor deviations do not render the appointment invalid. The Judges had initially taken the oath in the original form and later updated it in accordance with the amendment. The Court held that this irregularity did not affect their authority to act as judges.
The decision bolstered that the oath is constitutionally required, minor deviations do not nullify judicial appointments if the main intent and commitment to support the Constitution remain intact.
Conclusion
FAQs about Article 219 of Indian Constitution
What is Article 219 of Indian Constitution?
Article 219 mandates that every High Court judge must take an oath or affirmation before assuming office.
Who administers the oath to High Court judges under Article 219?
The oath or affirmation is administered by the Governor of the respective state or a person appointed by the Governor for this purpose.
Can a judge assume office without taking the oath prescribed under Article 219 of Indian Constitution?
No, a judge cannot officially assume duties without taking the oath or affirmation. It is a constitutional requirement that must be fulfilled before entering office.
How does Article 219 contribute to judicial accountability?
By requiring judges to take a public oath, Article 219 ensures transparency, reinforces ethical obligations, and upholds public confidence in the judiciary’s integrity and impartiality.