Article 159 of the Costitution of India with Case law
🇮🇳 Article 159 of the Constitution of India
Subject: Oath or affirmation by the Governor
🔹 Bare Text of Article 159:
“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/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).”
🔍 Explanation:
Who takes this oath?
The Governor of a state, or any person temporarily discharging the functions of the Governor (e.g., during absence or vacancy).
Who administers the oath?
The Chief Justice of the High Court of the concerned state, or in his absence, the senior-most judge available.
Form of Oath:
It is provided in the Constitution itself, ensuring consistency across states.
Significance:
It establishes a constitutional and moral commitment of the Governor to uphold the Constitution, law, and public service.
🧑⚖️ Important Case Laws Related to Article 159:
🔸 1. Biman Chandra Bose v. Union of India, AIR 1954 Cal 58
Held: Oath under Article 159 is mandatory.
A person cannot legally assume office as Governor without taking this oath.
🔸 2. Hargovind Pant v. Dr. Raghukul Tilak, (1979) 3 SCC 458
Context: Whether the Governor can take up an office of profit.
Observation: The Governor holds a constitutional office after swearing the oath under Article 159 and is expected to act impartially, without conflict of interest, and within the limits of the Constitution.
🔸 3. Shamsher Singh v. State of Punjab, (1974) 2 SCC 831
Key Holding: While the Governor is the constitutional head, real executive power is exercised by the Council of Ministers.
After taking the oath under Article 159, the Governor is expected to act within the bounds of constitutional conventions and the oath taken.
🔸 4. Rameshwar Prasad v. Union of India, (2006) 2 SCC 1
Context: Dissolution of Bihar Assembly by the Governor.
Held: The Governor's actions were unconstitutional.
Relevance to Article 159: The case highlighted how the Governor is expected to act faithfully and impartially, as per the oath under Article 159.
🧾 Key Takeaways:
| Feature | Description |
|---|---|
| Article | 159 |
| Applies To | Governor (or acting Governor) |
| Administered By | Chief Justice / Senior-most High Court Judge |
| Legal Status | Mandatory before entering office |
| Purpose | To uphold the Constitution, law, and serve the people |
🧭 Related Articles:
Article 155 – Appointment of Governors
Article 156 – Term of office of Governor
Article 161 – Governor’s power to grant pardons, etc.
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