The Constitution of India
Article 159
Oath or affirmation by the Governor
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).”
Why this exists
The Constitution's framers wanted every high constitutional officeholder to formally commit to the Constitution before exercising power, creating a moment of public accountability and continuity of constitutional values across changes in government. Requiring the oath before the state's senior judiciary (rather than, say, the legislature) reinforces the Governor's role as a neutral constitutional authority above party politics, and mirrors similar oath requirements for the President and judges elsewhere in the Constitution.
How courts read it
Courts have not extensively litigated Article 159 itself, since it is largely a procedural formality. However, judgments discussing the Governor's office (such as cases on gubernatorial discretion and constitutional propriety) have referenced the oath as underscoring the Governor's duty of impartiality and fidelity to the Constitution, reinforcing that the office is meant to function above partisan politics despite being a political appointment.
Common misconceptions
- Myth: The Governor can start working immediately after being appointed by the President.
Fact: The Governor must first take the oath under Article 159 before a High Court judge; only after this can they legally perform the duties of the office. - Myth: The oath must always mention God.
Fact: The Article allows either swearing 'in the name of God' or making a solemn affirmation without religious reference, giving the Governor a choice.