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Section 398 – Constitution of India

Constitution of India

 

 

398. THIRD SCHEDULE.

 

THIRD SCHEDULE

[Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219]1

Forms of Oaths or Affirmations

 

I. Form of oath of office for a Minister for the Union:

 

“I, A.B., 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, 2[that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the Union and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.”

 

II. Form of oath of secrecy for a Minister for the Union: –

“I, A.B., do swear in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the Union except as may be required for the due discharge of my duties as such Minister.”

 

3[III. A Form of oath or affirmation to be made by a candidate for election to Parliament: –

 

“I, A.B., having been nominated as a candidate to fill a seat in the council of States (or the House of the People) 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 and that I will uphold the sovereignty and integrity of India.”

 

B Form of oath or affirmation to be made by a member of Parliament: – “I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) 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 and that I will faithfully discharge the duty upon which I am about to enter.”]

 

IV Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller and Auditor-General of India: –

 

1. See also articles 84(a) and 173(a).

2. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, sec. 5.

3.Subs. by the Constitution (Sixteenth Amendment) Act, 1963, sec. 5, for Form III.

 

“I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India (or Comptroller and Auditor-General of India) 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, 1[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.”

 

V Form of oath of office for a Minister for a State: –

“I, A.B., 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, 1[that I will uphold the sovereignty and integrity of India,] that I will faithfully and conscientiously discharge my duties as a Minister for the State of………… and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.”

 

VI Form of oath of secrecy for a Minister for a State: –

“I, A.B., do swear
in the name of God/solemnly affirm that I will not directly or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ………………………………….except as may be required for the due discharge of my duties as such Minister.”

 

 

3[VII A Form of oath or affirmation to be made by a candidate for election to the Legislature of a State: –

 

“I, A.B., having been nominated as a candidate to fill a seat in the Legislative Assembly (or Legislative Council), 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 and that I will uphold the sovereignty and integrity of India.”

 

B Form of oath or affirmation to be made by a member of the Legislature of a State: –

 

“I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council), 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 and that I will faithfully discharge the duty upon which I am about to enter.”]

 

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, sec. 5.

2. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, sec. 5, for Form VII.

 

VIII Form of oath or affirmation to be made by the Judges of a High Court: –

“I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) ……………………… 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, 1[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.”

 

1. Ins. by the Constitution (Sixteenth Amendment) Act, 1963, sec. 5.

 

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