Article 60 of the Costitution of India with Case law
Article 60 of the Constitution of India deals with the oath or affirmation by the President of India before entering upon office.
🔹 Text of Article 60 – Oath or Affirmation by the President
Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme 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 President (or discharge the functions of the President) of India 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 India."
🔹 Key Features of Article 60
It mandates an oath or affirmation before assuming the office of the President.
The Chief Justice of India (or the senior-most judge of the Supreme Court in his absence) administers the oath.
The oath includes:
Faithful execution of the office,
Protection and defense of the Constitution,
Commitment to the well-being of the people.
🔹 Relevant Case Laws
✅ R.C. Poudyal v. Union of India (1994) Supp (1) SCC 324
Issue: Challenge to oath-taking by a President and constitutional procedures.
Held: The Supreme Court reiterated that the President must act in accordance with the Constitution and the oath taken under Article 60. The importance of taking oath as per constitutional mandate was stressed.
✅ Indira Nehru Gandhi v. Raj Narain (1975) Supp SCC 1
Although the case primarily focused on election laws, the Supreme Court emphasized the President's role in defending the Constitution and the oath under Article 60 as a solemn and binding commitment.
✅ Rameshwar Prasad v. Union of India (2006) 2 SCC 1
Context: This case dealt with the misuse of the Governor’s power and President’s Rule under Article 356.
Observation: The President’s oath under Article 60 was cited to remind the President of his constitutional responsibility to act fairly and uphold the Constitution, not merely on political advice.
🔹 Conclusion
Article 60 forms the moral and constitutional foundation for the President's duties. Courts have consistently highlighted this Article when interpreting the President’s conduct and constitutional responsibilities, especially in cases of alleged constitutional violations by the executive.
RELATED Blog
0 comments