Article 69 of the Constitution of India deals with the oath or affirmation of the Vice-President of India. It prescribes the form of the oath and specifies before whom the Vice-President must make and subscribe to it before entering upon the office.
- Meaning of Article 69
- Constitutional Provision
- Who Administers the Oath?
- Oath or Affirmation
- What Does the Vice-President Promise?
- Article 69 and the Third Schedule
- Article 69 and Article 60
- Article 69 and Article 68
- Article 69 and Article 67
- Article 69 and Article 64
- Oath Before Entering Office
- Is the Oath the Same as the President’s Oath?
- Who Can Administer the Oath if the President Does Not?
- Importance of Article 69
- Article 69 at a Glance
- Article 69 and Related Constitutional Provisions
- Common Confusions
- Quick Revision
- Conclusion
Meaning of Article 69
Article 69 requires the Vice-President to make and subscribe to an oath or affirmation before entering upon office.
The oath or affirmation is made before:
- The President of India, or
- A person appointed by the President for this purpose.
The form of the oath or affirmation is prescribed in the Third Schedule to the Constitution.
Constitutional Provision
Article 69 provides that the Vice-President must make and subscribe to the following oath or affirmation:
“I, A.B., do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”
Or, in the case of an affirmation:
“I, A.B., do solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”
The oath therefore contains two principal commitments:
- True faith and allegiance to the Constitution of India
- Faithful discharge of the duties of the office
Who Administers the Oath?
The Vice-President makes and subscribes to the oath or affirmation before:
The President of India
or
A person appointed by the President for that purpose.
The President therefore has the constitutional authority to administer the Vice-President’s oath directly or designate another person to do so.
Oath or Affirmation
Article 69 provides an option between an oath and an affirmation.
Oath
An oath traditionally involves an invocation of God.
Affirmation
An affirmation is a solemn declaration without an invocation of God.
Both have the same constitutional validity.
The choice between the two is reflected in the form prescribed in the Third Schedule.
What Does the Vice-President Promise?
The oath contains two important constitutional commitments.
Faith and Allegiance to the Constitution
The Vice-President promises to bear true faith and allegiance to the Constitution of India.
This signifies constitutional loyalty and commitment to the constitutional order.
Faithful Discharge of Duties
The Vice-President also promises to faithfully discharge the duties of the office.
The commitment therefore concerns both the Constitution and the responsibilities attached to the office.
Article 69 and the Third Schedule
Article 69 provides the constitutional requirement, while the Third Schedule provides the prescribed form of the oath or affirmation.
Therefore:
Article 69 → Constitutional requirement
Third Schedule → Form of oath or affirmation
The Vice-President must use the constitutionally prescribed form.
Article 69 and Article 60
Article 60 deals with the oath or affirmation of the President.
Article 69 deals specifically with the Vice-President.
Both require a constitutional commitment to the Constitution and faithful discharge of the respective office.
| President | Vice-President |
|---|---|
| Article 60 | Article 69 |
| Oath before Chief Justice of India or senior-most available Supreme Court judge | Oath before President or person appointed by President |
| Form in Third Schedule | Form in Third Schedule |
The authorities before whom the oath is made are therefore different.
Article 69 and Article 68
Article 68 deals with the election to fill a vacancy in the office of Vice-President.
After election, the Vice-President must make and subscribe to the oath or affirmation under Article 69 before entering upon office.
The sequence can therefore be understood as:
Election → Oath/Affirmation → Assumption of office
Article 69 and Article 67
Article 67 provides for the term, resignation and removal of the Vice-President.
Article 69 concerns the constitutional oath or affirmation required upon entering office.
Thus:
Article 67 → Tenure
Article 69 → Oath/Affirmation
Article 69 and Article 64
Article 64 makes the Vice-President the ex officio Chairman of the Rajya Sabha.
The Vice-President’s oath under Article 69 is taken in relation to the constitutional office of Vice-President. The Chairmanship of Rajya Sabha follows from holding that office.
Oath Before Entering Office
The wording of Article 69 states that the Vice-President must make and subscribe to the oath or affirmation before entering upon the office.
The oath is therefore an important constitutional requirement associated with assumption of office.
Is the Oath the Same as the President’s Oath?
No.
Although both oaths contain commitments to the Constitution and faithful discharge of duties, the constitutional forms and authorities administering them are different.
The President takes the oath under Article 60, while the Vice-President takes it under Article 69.
Who Can Administer the Oath if the President Does Not?
The President may appoint another person to administer the oath or affirmation to the Vice-President.
Therefore, the Constitution does not require the President personally to administer the oath in every case.
Importance of Article 69
1. Constitutional Commitment
The oath formally binds the Vice-President to the Constitution.
2. Faithful Performance
It requires a commitment to faithfully discharge the duties of the office.
3. Constitutional Accountability
The oath reflects the constitutional responsibility attached to holding a high public office.
4. Prescribed Form
The Third Schedule ensures that the oath or affirmation follows a constitutionally prescribed form.
Article 69 at a Glance
| Point | Constitutional Position |
|---|---|
| Article | Article 69 |
| Subject | Oath or affirmation of Vice-President |
| Taken before | President or person appointed by President |
| Form prescribed in | Third Schedule |
| Choice | Oath or affirmation |
| Main commitment 1 | True faith and allegiance to Constitution |
| Main commitment 2 | Faithful discharge of duties |
| When made | Before entering upon office |
| Related Article | Article 60 |
Article 69 and Related Constitutional Provisions
| Article | Subject |
|---|---|
| Article 63 | Vice-President of India |
| Article 64 | Vice-President as Chairman of Rajya Sabha |
| Article 65 | Vice-President acting as President |
| Article 66 | Election of Vice-President |
| Article 67 | Term, resignation and removal |
| Article 68 | Election to fill vacancy |
| Article 69 | Oath or affirmation |
| Article 70 | Other contingencies relating to President |
| Article 71 | Election disputes |
| Third Schedule | Forms of oaths and affirmations |
Common Confusions
Who Administers the Vice-President’s Oath?
The President, or a person appointed by the President.
Is the Vice-President’s Oath Given Before the Chief Justice of India?
No.
That is the constitutional arrangement for the President’s oath under Article 60.
The Vice-President’s oath is administered by the President or a person appointed by the President.
Is the Oath Mandatory?
Article 69 requires the Vice-President to make and subscribe to the oath or affirmation before entering upon office.
Where Is the Form of the Oath Given?
The form is prescribed in the Third Schedule.
Can the Vice-President Choose an Affirmation Instead of an Oath?
Yes.
Article 69 provides for either an oath or an affirmation.
What Are the Two Main Commitments?
The Vice-President promises:
- True faith and allegiance to the Constitution.
- Faithful discharge of the duties of the office.
Quick Revision
- Article 69 → Oath or affirmation of Vice-President.
- The oath is made before the President or a person appointed by the President.
- It must be made before entering upon office.
- The form is prescribed in the Third Schedule.
- The Vice-President may make an oath or affirmation.
- The oath includes a commitment to true faith and allegiance to the Constitution.
- It also includes a commitment to faithfully discharge the duties of the office.
- Article 60 → President’s oath.
- Article 66 → Election of Vice-President.
- Article 67 → Term, resignation and removal.
- Article 68 → Election to fill vacancy.
- Article 69 → Oath or affirmation.
Conclusion
Article 69 establishes the constitutional requirement for the Vice-President to make and subscribe to an oath or affirmation before entering upon office. The oath may be administered by the President or by a person appointed by the President, and its prescribed form appears in the Third Schedule.
The oath reflects the Vice-President’s constitutional commitment to maintain true faith and allegiance to the Constitution and to faithfully discharge the duties of the office.
The key point to remember is:
Article 69 → The Vice-President makes and subscribes to an oath or affirmation before the President or a person appointed by the President, in the form prescribed by the Third Schedule.
