Introduction

The Indian Constitution is the supreme law of the land, providing the framework for governance and upholding the rights and responsibilities of its citizens. It outlines the structure and functions of various institutions, including the judiciary. Article 219 of the Indian Constitution specifically deals with the oath or affirmation taken by judges of High Courts.

Article 219: Oath or Affirmation

Article 219 states that every person appointed as a judge of a High Court shall, before entering upon his office, make and subscribe to an oath or affirmation in the presence of the Governor of the state or some other person appointed by him for this purpose.

The oath or affirmation serves as a solemn commitment by the judge to uphold the Constitution, maintain impartiality, and discharge their duties with integrity. It is a crucial step in ensuring the independence and credibility of the judiciary.

Importance of the Oath or Affirmation

The oath or affirmation taken by judges of High Courts holds immense significance for several reasons:

1. Upholding the Constitution

The oath or affirmation is a symbolic act of allegiance to the Constitution. It reinforces the principle that judges are bound by the Constitution and are duty-bound to interpret and apply its provisions in a just and fair manner. It serves as a reminder of the overarching principles and values enshrined in the Constitution.

2. Ensuring Impartiality

Judicial impartiality is a cornerstone of the justice system. The oath or affirmation emphasizes the importance of impartiality by requiring judges to swear or affirm that they will faithfully and impartially discharge their duties. This commitment helps to maintain public trust in the judiciary and ensures fair and unbiased decisions.

3. Promoting Integrity

Integrity is crucial for judges to maintain public confidence in the judiciary. The oath or affirmation acts as a solemn declaration of the judge's commitment to act with integrity, honesty, and transparency. It sets a high ethical standard and reinforces the expectation that judges will uphold these values in their professional conduct.

4. Separation of Powers

The oath or affirmation also reinforces the principle of separation of powers. By taking the oath or affirmation, judges acknowledge their role as an independent and separate branch of government. They commit to upholding the Constitution and exercising their powers within the limits prescribed by law.

Procedure for Taking the Oath or Affirmation

The procedure for taking the oath or affirmation by judges of High Courts is as follows:

1. Timing

The oath or affirmation is taken before the judge enters upon his or her office. It is usually administered soon after the appointment is confirmed.

2. Presence of the Governor

The oath or affirmation is taken in the presence of the Governor of the state or some other person appointed by the Governor. The Governor's presence signifies the official nature of the ceremony and adds to its solemnity.

3. Content of the Oath or Affirmation

The exact wording of the oath or affirmation may vary, but it generally includes the following elements:

• A commitment to uphold the Constitution
• A pledge to perform the duties of a judge faithfully and impartially
• A promise to administer justice without fear or favor
• An undertaking to uphold the independence and integrity of the judiciary

4. Signing the Oath or Affirmation

After reciting the oath or affirmation, the judge signs the document as a formal record of their commitment. This signed document is usually preserved as an official record.

Conclusion

Article 219 of the Indian Constitution highlights the significance of the oath or affirmation taken by judges of High Courts. It serves as a solemn commitment to uphold the Constitution, maintain impartiality, and discharge their duties with integrity. The oath or affirmation is a vital step in ensuring the independence and credibility of the judiciary, reinforcing the principles of the justice system and upholding the values enshrined in the Constitution.