Eleanor Finch
In India, the President, Governor, and anyone acting in these roles must take an oath to defend the Constitution before assuming office. The oath is administered in the presence of the Chief Justice of India or, in their absence, the most senior judge of the Supreme Court. The oath includes a mention of God, which was debated by the Constituent Assembly, with some arguing that it would exclude those without faith in God and others countering that it would not impinge on the secularity of the Indian State.
| Characteristics | Values |
|---|---|
| Position | President, Governor |
| Format | "I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the office of [position] (or discharge the functions of the [position]) of [state/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 [state/India]." |
| Presence | Chief Justice of India or, in their absence, the senior-most Judge of the Supreme Court available |
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What You'll Learn
The President of India takes an oath to defend the Constitution
In India, the President takes an oath to defend the Constitution. This is known as the Oath of Office or the swearing-in ceremony. According to Article 60 of the Constitution of India, the President must take an oath or affirmation before entering office. The oath is administered in the presence of the Chief Justice of India or, in their absence, the most senior judge of the Supreme Court.
The oath taken by the President of India is as follows:
> "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."
There was some debate over the inclusion of 'God' in the oath, with some arguing that it was unnecessary and that it would create an obligation for people to have faith in God. However, others felt that it was important to include 'God' to honour the Indian religious and spiritual legacy. Ultimately, it was decided that the President must have the liberty to swear in God's name or simply solemnly affirm, mirroring the language of the oath taken by the Governor.
In addition to the President, the Vice President of India also takes an oath of office. The Vice President's oath is administered immediately before the President's during the same ceremony.
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The Governor of India takes an oath to defend the Constitution
In India, the Governor takes an oath to defend the Constitution. This is outlined in Article 159 of the Constitution of India, which states that:
> "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 that I will faithfully execute the solemnly affirm 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).'"
The Governor's oath to defend the Constitution is similar to that taken by the President, as outlined in Article 60. The President's oath states that:
> "I, A. B., 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."
The inclusion of "God" in the Governor's and President's oaths was debated by the Constituent Assembly, with some arguing that it would exclude those without faith in God and create an obligation to have faith. Others believed that it would not alter the secular state and that the mention of God was in line with India's religious and spiritual legacy. Ultimately, the inclusion of "God" was left to the individual's choice, with the option to simply "solemnly affirm" instead.
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The debate over including 'God' in the oath
The inclusion of God in the oath for the President of India was a highly contested issue during the Constituent Assembly debates in 1948 and 1949. The debate centred around whether the oath should explicitly mention 'God' or simply allow for a 'solemn affirmation'.
On one side of the debate, members argued for the inclusion of 'God' in the oath, citing the Indian religious and spiritual legacy, where every major religion invokes God in their religious texts and ceremonies. They believed that including God in the oath would not alter the secular state and that it was important to recognise the role of God in the Constitution. One member, H. V. Kamath, proposed an amendment to include the words "In the name of God, We, the People of India" in the Preamble.
However, this proposal faced strong opposition from several other members, who argued that including God in the oath would amount to compulsion of faith and infringe on the fundamental right of freedom of faith. They emphasised that the State and religion should remain separate, as advocated by Gandhi, Jawahar Lal Nehru, and B. R. Ambedkar. Rohini Kumar Chaudhuri, for example, suggested that if 'God' were included, then 'Goddess' should also be mentioned to respect different religious beliefs.
To address these concerns, amendments were proposed to give individuals the choice to either invoke God or simply 'solemnly affirm', thus protecting a person's freedom of faith. This compromise was adopted, allowing the President and other officials to choose whether to include God in their oath or not.
The debate over including God in the oath reflects the complexities of balancing religious and spiritual beliefs with the secular nature of the Indian state. While some argued for the inclusion of God to honour religious traditions, others emphasised the importance of maintaining freedom of faith and the separation of religion and state. Ultimately, the compromise solution of allowing individuals to choose their wording respects the diverse beliefs and values of India's large and diverse democracy.
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The oath is taken in the name of the people of India
In India, the President, Governor, and their deputies are required to take an oath to defend the Constitution. The oath is taken in the name of the people of India and reflects the office holder's devotion to the service and well-being of the nation's citizens.
The President of India, for example, takes the following oath:
> "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."
The inclusion of "God" in the oath was debated during the Constituent Assembly's discussion of Draft Article 49 on December 27, 1948. Some members argued for its inclusion due to India's religious and spiritual legacy, while others opposed it to protect the freedom of faith for those without a belief in God. Ultimately, the option to "solemnly affirm" without mentioning God was included to accommodate different beliefs.
The Governor of India takes a similar oath, replacing "President" with "Governor" and specifying the state they are serving. This oath is also preceded by "I, [name], do swear in the name of God/solemnly affirm."
In contrast to India's practice, the United States requires an oath of office from a broader range of officials, including the President, Vice President, members of Congress, and Supreme Court Justices. These oaths typically include a pledge to "support and defend the Constitution of the United States" and are taken in the name of God.
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The oath is made in the presence of the Chief Justice of India
In India, the President, the Governor, and anyone acting in these roles must take an oath to defend the Constitution before entering office. The oath is made in the presence of the Chief Justice of India or, in their absence, the senior-most judge of the Supreme Court or the High Court. The President's oath states:
> "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."
The Governor's oath is similar but refers to the specific state and its people:
> "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 [state name] 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 [state name]."
There was some debate among the Constituent Assembly over whether to include the word "God" in the oath. One member wanted to explicitly mention God, citing the Indian spiritual legacy and the inclusion of God in religious texts and ceremonies across various faiths. Another member opposed this, arguing that it would exclude those without a belief in God and create an obligation for people to have faith. A compromise was reached, with the option to swear by God or simply to "solemnly affirm."
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Frequently asked questions
The President of India takes an oath to defend the Constitution. The oath is known as Article 60.
The President of India takes the following oath:
> "I, A.B., 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.""
Yes, the Indian Governor takes an oath to defend the Constitution. The oath is known as Article 159.
The Indian Governor takes the following oath:
> "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)."
