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 seniormost 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 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).”

Debate Summary

Article 136, Draft Constitution, 1948

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 members of the Legislature of the State an affirmation or oath in the following form, that is to say:-

"I, A. B., do solemnly affirm (or swear) 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).

 

Draft Article 136 (Article 159) was debated on 31st May 1949. It set out the oath or affirmation to be taken by a Governor before taking office.

 

A member of the Drafting Committee proposed an amendment to require the Governor to make his affirmation or oath in the presence of the Chief Justice of the relevant High Court, rather than members of the State Legislature. He argued that this amendment would mirror the language of Draft Article 49 (Article 60) which set out the affirmation or oath sworn by the President.

 

A member proposed to amend the Draft Article to allow oath-takers to ‘swear in the name of God’. He pointed out that a similar amendment had been accepted to Draft Article 49.

 

Both amendments were endorsed by the Chairman of the Drafting Committee and accepted by the Assembly without debate. The amended Draft Article was adopted on 31st May 1949.