Article 69 of the Indian Constitution: Oath or Affirmation by the Vice-President

12/18/20233 min read

person holding white samsung android smartphone
person holding white samsung android smartphone

Introduction

The Indian Constitution is a comprehensive document that outlines the fundamental principles and guidelines for governing the country. It is a living document that has been amended several times since its adoption in 1950. Article 69 of the Indian Constitution deals with the oath or affirmation that the Vice-President takes upon assuming office. This article plays a crucial role in ensuring the integrity and commitment of the Vice-President towards the Constitution and the nation.

Understanding Article 69

Article 69 states that the Vice-President of India shall, before entering upon his/her office, make and subscribe to an oath or affirmation in the presence of the President. This oath or affirmation serves as a solemn declaration of the Vice-President's commitment to uphold the Constitution and discharge the duties of the office with utmost dedication and integrity.

The oath or affirmation taken by the Vice-President is a symbolic act that signifies the transfer of power and responsibility. It is a public declaration that the Vice-President willingly accepts the authority vested in the office and pledges to faithfully execute the duties assigned.

The Oath or Affirmation

The exact wording of the oath or affirmation is specified in the Third Schedule of the Indian Constitution. It states:

"I, [name], 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 uphold the sovereignty and integrity of India, that I will faithfully discharge the duty upon which I am about to enter, and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favor, affection or ill-will."

The Vice-President has the option to either swear in the name of God or solemnly affirm, depending on their personal beliefs or preferences. This provision respects the diverse religious and non-religious affiliations of the individuals assuming the office.

Significance of the Oath or Affirmation

The oath or affirmation taken by the Vice-President holds immense significance in the Indian constitutional framework. It serves as a reminder of the Vice-President's constitutional obligations and responsibilities. By swearing or affirming to uphold the Constitution, the Vice-President acknowledges the supremacy of the Constitution and commits to its principles.

Furthermore, the oath or affirmation acts as a safeguard against any potential abuse of power. It establishes a moral and legal obligation on the Vice-President to act in the best interest of the nation and its citizens. It reinforces the idea that the Vice-President is a servant of the Constitution and the people, rather than a wielder of arbitrary authority.

Legal Consequences of Violating the Oath

Article 69 does not explicitly mention the legal consequences of violating the oath or affirmation. However, any violation of the constitutional duties by the Vice-President can lead to impeachment under Article 61 of the Indian Constitution. Impeachment is the process through which a high-ranking public official is removed from office for misconduct or violation of the Constitution.

Impeachment proceedings can be initiated by either House of Parliament, and a resolution for impeachment must be passed by a special majority. The President, who is the custodian of the Constitution, plays a crucial role in the impeachment process. If the Vice-President is found guilty of violating the oath or affirmation, they can be removed from office.

Conclusion

Article 69 of the Indian Constitution highlights the significance of the oath or affirmation taken by the Vice-President. It serves as a powerful symbol of commitment to the Constitution and the nation. The oath or affirmation reinforces the principles of integrity, dedication, and impartiality that are essential for the smooth functioning of the office of the Vice-President. By upholding the Constitution and faithfully discharging their duties, the Vice-President contributes to the democratic fabric of India and helps in maintaining the rule of law.

The oath or affirmation is not merely a formality but a solemn declaration that holds the Vice-President accountable to the people and the Constitution. It acts as a constant reminder that the Vice-President's power is derived from the Constitution and must be exercised responsibly and in the best interest of the nation.

Overall, Article 69 of the Indian Constitution plays a vital role in ensuring that the Vice-President remains committed to upholding the principles and values enshrined in the Constitution. It is a testament to the democratic ideals and the rule of law that form the foundation of India's governance system.