Indian Constitution: Significance of Forms of Oaths

IAS Mains General Studies Sample Answer

Why does the Constitution of India provide different forms of Oaths for the President, the Ministers, the legislators and the members of the judiciary ? Discuss their significance.

Our constitution specifically provides for different forms of oath for different functionaries of our political system, because functions and responsibilities of the President, the Legislators and the members of the judiciary are specific and different from each other. This has been done in keeping with the different designations, their functions, the nature of power they enjoy and the dignity of the post. Oaths or affirmations binds the person to do his duties well and to be faithful to it.

Different authorities need to perform different functions or responsibilities and so, the forms of oath are also different accordingly. For the oath of office for a minister for the union he vows to bear true faith and allegiance to the constitution. Here he acts as the constitutional functionary when he takes the oath for secrecy he vows not to communicate directly or indirectly or reveal to any person. The President is the head of the state and all functions of the country are performed in his name. Moreover, being a part of Parliament and having ordinance making powers he also plays the role of a Legislator. Pardoning power in the field of Judiciary and Supreme command of the constitution.

On the other hand, a minister belongs to political parties and he performs his duties in political ups and downs, so, he is required on oath to discharge his duties without fear or favour, affection or ill-will. He is very much required to keep secrecy of official matters. A judge is required to be honest to his post thus he swears to perform the duty without fear or favour, affection or ill-will.

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