Article 69 of the Costitution of India with Case law
Article 69 of the Constitution of India – Oath or affirmation by the Vice-President
Text of Article 69:
"Every Vice-President shall, before entering upon his office, make and subscribe before the President, or some person appointed in that behalf by him, 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 bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duty upon which I am about to enter.'"
Key Elements of Article 69:
Applies to: The Vice-President of India.
Oath is mandatory: Before assuming office, the Vice-President must take the oath.
Administered by: The President of India or a person appointed by him.
Form of Oath: Either swears in the name of God or solemnly affirms, pledging:
True faith and allegiance to the Constitution.
Faithful discharge of duties.
Context and Significance:
Like other constitutional authorities (President, Ministers, Judges, etc.), the Vice-President must take an oath to uphold the Constitution.
Without taking this oath, the Vice-President cannot lawfully perform any functions.
Emphasizes constitutional morality and accountability.
Relevant Case Laws:
While direct case law under Article 69 is limited, the following cases are relevant in understanding the nature and importance of constitutional oaths and high offices:
1. M. M. Punchhi v. Union of India (1998) 7 SCC 739
Context: Related to the powers and functions of Governors, including oaths under the Constitution.
Relevance: The Supreme Court emphasized that constitutional functionaries must act within the bounds of the Constitution, and the oath serves as a binding moral and legal duty.
2. Krishna Kumar Singh v. State of Bihar (2017) 3 SCC 1
Context: Dealt with legislative power and constitutional obligations.
Relevance: Reinforced that constitutional offices derive legitimacy from adherence to prescribed procedures, including oath-taking.
3. In Re: Under Article 143, Special Reference No. 1 of 1964
Context: President’s reference on the constitutional role of certain functionaries.
Relevance: Discussed the importance of oaths under the Constitution, stating they are not ceremonial but legally binding.
Summary:
Article 69 mandates that every Vice-President of India must take an oath or affirmation of allegiance to the Constitution before entering office. This requirement is foundational for maintaining the rule of law, constitutional supremacy, and accountability of the highest constitutional functionaries in India.
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