Article 60 of the Constitution of India deals with the oath or affirmation made by the President of India before entering upon the office. It prescribes both the person before whom the oath or affirmation is made and the constitutional commitments undertaken by the President.
- Meaning of Article 60
- Constitutional Provision
- Who Administers the Oath?
- Oath or Affirmation
- Oath Before Entering Office
- Form of the Oath
- Faithfully Execute the Office
- Preserve, Protect and Defend the Constitution
- Preserve
- Protect
- Defend
- Preserve, Protect and Defend the Law
- Service and Well-Being of the People
- Who Takes the Oath Under Article 60?
- Vice-President Acting as President
- Article 60 and Article 56
- Article 60 and Article 58
- Article 60 and Article 59
- Article 60 and the Third Schedule
- Importance of the Presidential Oath
- Can the President Take the Oath in Any Form?
- What Happens If the Oath Is Not Made?
- Presidential Oath vs Other Constitutional Oaths
- Important Features of Article 60
- Article 60 at a Glance
- Article 60 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
The provision requires the President to swear or affirm to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself or herself to the service and well-being of the people of India.
Meaning of Article 60
Article 60 establishes the constitutional oath or affirmation for the President.
Before entering upon office, the President must make and subscribe to the oath or affirmation before:
- The Chief Justice of India, or
- In the Chief Justice’s absence, the senior-most available Judge of the Supreme Court.
The oath reflects the constitutional responsibilities attached to the office of President.
Constitutional Provision
Article 60 provides that the President, or a person acting as President, shall make and subscribe to an oath or affirmation before entering upon office.
The oath or affirmation requires the President to undertake:
- To faithfully execute the office of President.
- To preserve, protect and defend the Constitution and the law.
- To devote himself or herself to the service and well-being of the people of India.
The Constitution provides the form of the oath or affirmation in the Third Schedule.
Who Administers the Oath?
The oath is made before the:
Chief Justice of India
If the Chief Justice of India is unavailable, it is made before the:
senior-most available Judge of the Supreme Court.
This ensures that the constitutional head of the Union makes the oath before the highest judicial authority of the country.
Oath or Affirmation
Article 60 allows the President to make either:
- An oath, or
- An affirmation
This accommodates a person who may prefer an affirmation rather than taking an oath.
The substantive constitutional commitments remain the same.
Oath Before Entering Office
The President must make and subscribe to the oath or affirmation before entering upon the office.
The oath therefore forms part of the constitutional process of assuming the presidency.
It is different from the presidential election itself.
The broad sequence is:
Election → Assumption of office → Oath/Affirmation → Exercise of presidential office
Form of the Oath
The Constitution prescribes the form of the presidential oath in the Third Schedule.
The President undertakes to:
“faithfully execute the office of President”
and to:
“preserve, protect and defend the Constitution and the law”
The President also undertakes to devote himself or herself to the service and well-being of the people of India.
These commitments reflect the central constitutional responsibilities of the office.
Faithfully Execute the Office
The first major commitment is to faithfully execute the office of President.
This means that the President must discharge the constitutional functions and responsibilities of the office honestly and in accordance with the Constitution.
The office cannot be exercised according to personal or political preferences outside the constitutional framework.
Preserve, Protect and Defend the Constitution
The President undertakes to:
Preserve the Constitution
Protect the Constitution
Defend the Constitution
This is one of the most significant parts of the presidential oath.
The President is the constitutional head of the Union and has a duty to function within the constitutional framework.
Preserve
The word “preserve” reflects the responsibility to maintain the constitutional order.
The President is expected to uphold the Constitution and ensure that constitutional governance continues.
Protect
The commitment to protect the Constitution signifies the responsibility to uphold constitutional institutions and principles.
The President’s constitutional functions must therefore be exercised consistently with the Constitution.
Defend
The commitment to defend the Constitution emphasises the President’s responsibility to uphold the constitutional system against threats to its functioning.
The term also reflects the broader constitutional responsibility attached to the office.
Preserve, Protect and Defend the Law
The oath also refers to preserving, protecting and defending the law.
Therefore, the President’s constitutional commitment extends beyond the text of the Constitution to the legal framework operating under it.
The President must function within the rule of law.
Service and Well-Being of the People
The final major commitment in the oath is to devote oneself to the:
“service and well-being of the people of India.”
This reflects the democratic foundation of the Constitution.
The President is not merely a ceremonial figure; the office carries constitutional responsibilities toward the people of India.
Who Takes the Oath Under Article 60?
Article 60 applies to:
- The President
- A person acting as President
The inclusion of a person acting as President is important because the Constitution provides circumstances in which another person may temporarily exercise presidential functions.
Vice-President Acting as President
Under Article 65, the Vice-President may act as President when:
- A vacancy occurs in the office of President, or
- The President is unable to discharge the functions of the office.
When the Vice-President acts as President, the constitutional oath requirement under Article 60 becomes relevant.
Article 60 and Article 56
Article 56 deals with the term of office of the President.
Article 60 deals with the oath or affirmation before entering office.
Thus:
Article 56 → How long the President holds office
Article 60 → Constitutional oath before assuming office
Article 60 and Article 58
Article 58 establishes the qualifications for election as President.
Article 60 concerns the constitutional oath after the election and before entering office.
Therefore:
Article 58 → Who is qualified to become President
Article 60 → Oath required before entering office
Article 60 and Article 59
Article 59 provides the conditions of the President’s office.
Article 60 provides the constitutional oath or affirmation.
Together, these provisions establish important requirements applicable to the President upon assuming office.
Article 60 and the Third Schedule
The Third Schedule to the Constitution contains the forms of oaths and affirmations.
The presidential oath is specifically provided there.
Therefore, Article 60 and the Third Schedule should be read together.
Importance of the Presidential Oath
The oath serves several constitutional purposes.
Constitutional Commitment
It formally binds the President to the Constitution and law.
Accountability
It establishes a constitutional standard against which the President’s conduct can be understood.
Rule of Law
The President expressly undertakes to preserve, protect and defend the Constitution and the law.
Democratic Responsibility
The President promises to devote himself or herself to the service and well-being of the people.
Constitutional Continuity
The oath marks the formal assumption of the presidential office.
Can the President Take the Oath in Any Form?
The oath or affirmation must follow the constitutional form prescribed by the Third Schedule.
It is therefore not an entirely personal declaration that can be freely rewritten.
The Constitution prescribes the substance of the undertaking.
What Happens If the Oath Is Not Made?
Article 60 requires the President or person acting as President to make and subscribe to the oath or affirmation before entering upon office.
The constitutional requirement is therefore connected with the assumption of office itself.
The oath is not merely a ceremonial statement separate from the constitutional framework.
Presidential Oath vs Other Constitutional Oaths
Different constitutional offices have different oath forms.
For example:
| Office | Relevant Provision |
|---|---|
| President | Article 60 |
| Vice-President | Article 69 |
| Union Minister | Article 75(4) |
| Supreme Court Judge | Article 124(6) |
| High Court Judge | Article 219 |
| Governor | Article 159 |
| Member of Parliament | Article 99 |
The content and administering authority vary depending on the constitutional office.
Important Features of Article 60
1. Mandatory Constitutional Oath
The President must make and subscribe to the oath or affirmation before entering office.
2. Chief Justice of India
The Chief Justice of India ordinarily administers the oath.
3. Senior-Most Available Supreme Court Judge
If the Chief Justice is absent, the senior-most available Supreme Court Judge administers the oath.
4. Oath or Affirmation
The Constitution allows either an oath or affirmation.
5. Constitutional Loyalty
The President undertakes to preserve, protect and defend the Constitution and law.
6. Public Service
The President undertakes to devote himself or herself to the service and well-being of the people.
Article 60 at a Glance
| Point | Position |
|---|---|
| Article | Article 60 |
| Subject | Oath or affirmation by President |
| When | Before entering upon office |
| Administered By | Chief Justice of India |
| Alternative | Senior-most available Supreme Court Judge |
| Form | Third Schedule |
| Main Commitment | Faithfully execute the office |
| Constitutional Duty | Preserve, protect and defend Constitution and law |
| Public Duty | Service and well-being of the people of India |
| Related Article | Article 65 |
| Related Schedule | Third Schedule |
Article 60 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 52 | President of India |
| Article 53 | Executive power of the Union |
| Article 54 | Election of President |
| Article 55 | Manner of election |
| Article 56 | Term of office |
| Article 57 | Eligibility for re-election |
| Article 58 | Qualifications |
| Article 59 | Conditions of President’s office |
| Article 60 | Oath or affirmation |
| Article 61 | Impeachment |
| Article 62 | Election to fill vacancy |
| Article 65 | Vice-President acting as President |
| Third Schedule | Forms of oaths and affirmations |
Common Confusions
Who Administers the President’s Oath?
The Chief Justice of India.
If the Chief Justice is absent, the senior-most available Judge of the Supreme Court administers it.
Does the President Take the Oath Before Election?
No.
The oath is made and subscribed before entering upon the office.
Is the Oath Optional?
No.
The Constitution requires the President to make and subscribe to the oath or affirmation.
Can the President Choose Between Oath and Affirmation?
Yes.
Article 60 permits an oath or affirmation.
Where Is the Exact Form of the Oath Given?
The form is prescribed in the Third Schedule of the Constitution.
Does Article 60 Deal With the President’s Qualifications?
No.
Article 58 deals with qualifications.
Article 60 deals with the oath or affirmation.
Does Article 60 Apply to the Vice-President?
The Vice-President has a separate oath provision under Article 69.
Article 60 specifically concerns the President and a person acting as President.
Quick Revision
- Article 60 → Oath or affirmation by President.
- The President must take the oath before entering upon office.
- The oath is ordinarily administered by the Chief Justice of India.
- If the CJI is unavailable, the senior-most available Supreme Court Judge administers it.
- The President may take an oath or affirmation.
- The form is prescribed in the Third Schedule.
- The President promises to faithfully execute the office.
- The President promises to preserve, protect and defend the Constitution and the law.
- The President promises to devote himself or herself to the service and well-being of the people of India.
- Article 65 is relevant when the Vice-President acts as President.
- Article 69 contains the separate oath provision for the Vice-President.
Conclusion
Article 60 establishes the constitutional oath or affirmation of the President of India. It requires the President, before entering upon office, to formally undertake to faithfully perform the responsibilities of the office and to preserve, protect and defend the Constitution and the law.
The oath also reflects the democratic character of the office by requiring the President to devote himself or herself to the service and well-being of the people of India.
The key point to remember is:
Article 60 → Before entering office, the President makes and subscribes to the constitutional oath or affirmation before the Chief Justice of India, undertaking to faithfully execute the office and preserve, protect and defend the Constitution and the law.
