Forms of Oaths or Affirmations

Articles 62(4), 81, 103(6), 144(2), 165 and 195, Draft Constitution of India 1948

Forms of Declarations

I

Form of oath of office for a Minister for the Union

“I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, witheut fear or favour, affection or illwill.”

II

Form of oath of secrecy for a Minister for the Union

“1, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.”

III

Form of declaration to be made by a member of Parliament

“I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

IV

Form of declaration to be made by the judges of the Supreme Court

“I, A.B., having been appointed Chief Justice (or a judge) of the Supreme Court of India do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

V

Form of oath of office for a Minister for a State for the time being specified in

Part 1 of the First Schedule

“I, A.B., do solemnly affirm (or swear) that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the State of _________ and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or illwill.”

VI

Form of oath of secrecy for a Minister for a State for the time being specified in

Part 1 of the First Schedule

“I, A.B., do solemnly affirm (or swear) that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister of _________ except as may be required for the due discharge of my duties as such Minister or as may be specially permitted by the Governor in the case of any matter pertaining to the functions to be exercised by him in his discretion.”

VII

Form of declaration to be made by a member of the Legislature of a State for the time being specified in Part I of the First Schedule

“I. A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

VIII

Form of declaration to be made by the judges of a High Court

“I, A.B., having been appointed Chief Justice (or a judge) of the High Court at (or of)
do solemnly and sincerely promise and declare that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219, Constitution of India 1950

I

Form of oath of office for a Minister for the Union:—

“I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or illwill.”

II

Form of oath of secrecy for a Minister for the Union:—

“I, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.”

III

Form of oath or affirmation to be made by a member of Parliament:—

“I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do
swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

IV

Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India:—

“I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court and the Comptroller and Auditor-General of India:—

“I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

V

Form of oath of office for a Minister for a State:—

“I, A.B., do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will faithfully and conscientiously discharge my duties as a Minister for the State of . . . . . . . . . . . . . . . and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or illwill.”

VI

Form of oath of secrecy for a Minister for a State:—

“I. A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of . . . . . . . . . . . . . . . except as may be required for the due discharge of my duties as such Minister.”

VII

Form of oath or affirmation to be made by a member of the Legislature of a State:—

“I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”

VIII

Form of oath or affirmation to be made by the Judges of a High Court:—

“I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at or of) . . . . . . . . . . . . . . . do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or illwill and that I will uphold the Constitution and the laws.”

The Third Schedule of the Draft Constitution 1948 (Third Schedule of Constitution of India 1950) was discussed in the Constituent Assembly on 26 August and 16 October 1949. It contains the affirmations and oaths to be taken by those holding the post of Union Minister, State Minister, Member of Parliament, Member of State Legislature, Supreme Court and High Court Judge.

This Schedule generated some debate in the Constituent Assembly—primarily on the matter of invoking God’s name in the oaths and affirmations. The Drafting Committee Chairman introduced an amendment to provide persons with the option of swearing in in the name of ‘God’. An Assembly member opposed this move on ethical and religious grounds. Curiously, the member insisted that since God was not a member of the Assembly and nor was his consent taken, the word ‘God’ could not be incorporated in the oath. Another member added that the people in these posts would be carrying out secular functions—it would not make sense to ask them to take God’s name while swearing in. He also reasoned that in politics one would have to do irreligious things and hence, the inclusion of ‘God’ was out of place.

A few members of the Assembly were also particular that the swearing in should precede the affirmation which did not invoke ‘God’. They believed that placing ‘God’ later implied that it was somehow less in importance. One member emphatically pushed for this change, adamant that a Constitution made to the liking of the Indian masses should have an oath that begins with the swearing in in the name of ‘God’. An amendment ensuring this change was eventually accepted by the Assembly.

The Third Schedule, as amended by the Assembly, was adopted into the Constitution on 26 August 1949. The Schedule was reopened for discussion on 16 October 1949, but no significant changes were made.