Article 219 of the Costitution of India with Case law
🇮🇳 Article 219 of the Constitution of India
Subject: Oath or affirmation by Judges of High Courts
🔹 Bare Text of Article 219:
“Every person appointed to be a Judge of a High Court shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.”
🔍 Explanation:
Who Takes the Oath?
Every High Court Judge before assuming office.
Before Whom?
The Governor of the respective State, or a person nominated by the Governor.
Form of Oath:
The wording is provided in the Third Schedule of the Constitution.
It includes:
Allegiance to the Constitution of India,
Upholding the sovereignty and integrity of India,
Faithful performance of duties without fear or favour, affection or ill-will.
📜 Oath Text (as per Third Schedule):
"I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) X, 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 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 ill-will and that I will uphold the Constitution and the laws."
🧑⚖️ Important Case Laws Related to Article 219:
🔸 1. Sarojini Ramaswami v. Union of India, (1992) 4 SCC 506
Context: Misconduct allegations against a sitting Judge.
Relevance: Reinforced that judges, after taking oath under Article 219, are bound by their constitutional duties, including integrity and impartiality.
🔸 2. Union of India v. Sankalchand Sheth, (1977) 4 SCC 193
Issue: Transfer of a High Court Judge without consent.
Relevance: Emphasized that the oath taken under Article 219 binds the judge to serve the Constitution, and such transfers don’t violate the oath.
🔸 3. Re: Special Reference No. 1 of 1998 (Judges Transfer Case III), (1998) 7 SCC 739
Context: Judicial independence and appointments.
Held: The oath under Article 219 emphasizes that judges are to act independently and with constitutional fidelity, unaffected by political pressure or external influence.
🔸 4. R.C. Poudyal v. Union of India, AIR 1993 SC 1804
While primarily about legislative representation, the Court stressed that all constitutional functionaries, including judges, upon taking oath, are legally and morally bound to uphold constitutional values.
🧾 Key Takeaways:
| Aspect | Detail |
|---|---|
| Article | 219 |
| Applies To | Judges of High Courts |
| Administered By | Governor or person appointed by Governor |
| Oath Format | Third Schedule |
| Binding Nature | Legal and moral commitment to uphold Constitution and laws |
🧭 Related Articles:
Article 214 – High Courts for States
Article 216 – Constitution of High Courts
Article 124 & 217 – Appointments of Judges
Third Schedule – Oath formats for constitutional functionaries
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