Constitution of India

Section 159

Oath or affirmation by the Governor

⚡ Quick Answer Reference: Section 159 Constitution

Provision: Section 159 of Constitution
Act: Constitution of India
Classification: Constitutional Law
Jurisdiction: India
Summary: This section requires the Governor and anyone acting as Governor to take an oath or affirmation before starting their role. The oath promises to faithfully execute the office, preserve and defend the Constitution and law, and serve the people of the state.

Statutory Content

What does Section 159 of Constitution say?

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).”

Indian StandardSection 159, Constitution of India

Bluebook (21st ed.)Constitution of India, § 159 (India)

Court Pleading StandardSection 159 of the Constitution of India

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

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Section Meaning & Purpose

What does Section 159 of Constitution mean?

Plain English Explanation

This section requires the Governor and anyone acting as Governor to take an oath or affirmation before starting their role. The oath promises to faithfully execute the office, preserve and defend the Constitution and law, and serve the people of the state.

Practical Interpretation

In practice, this means that the Governor must take this oath before assuming office, and it serves as a reminder of their duties and responsibilities.

Core Legal Purpose

The core purpose of this section is to ensure that the Governor is aware of their duties and responsibilities and is committed to upholding the Constitution and law.

Key Legal Elements

•The Governor or person acting as Governor must take an oath or affirmation before starting their role.
•The oath must be taken in the presence of the Chief Justice of the High Court or the seniormost Judge available.
•The oath must be in the specified form, promising to faithfully execute the office, preserve and defend the Constitution and law, and serve the people of the state.

Practical Example

Practical Example of Section 159 Constitution

Rajesh is appointed as the Governor of a state. Before starting his role, he must take an oath or affirmation in the presence of the Chief Justice of the High Court. The oath will remind him of his duties and responsibilities to preserve and defend the Constitution and law, and to serve the people of the state.

Common Questions (FAQ)

Frequently Asked Questions about Section 159 Constitution

Q: What is the punishment or consequence under Section 159 of Constitution?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to the Governor and anyone acting as Governor, which is a public entity.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 159 Constitution

What is Section 159 of Constitution?

Section 159 of the Constitution of India (Constitution) defines and regulates "Oath or affirmation by the Governor". In plain terms: This section requires the Governor and anyone acting as Governor to take an oath or affirmation before starting their role. The oath promises to faithfully execute the office, preserve and defend the Constitution and law, and serve the people of the state.

What are the elements of Section 159 of Constitution?

The essential elements of Section 159 of Constitution are: The Governor or person acting as Governor must take an oath or affirmation before starting their role.; The oath must be taken in the presence of the Chief Justice of the High Court or the seniormost Judge available.; The oath must be in the specified form, promising to faithfully execute the office, preserve and defend the Constitution and law, and serve the people of the state..

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