Oath by Governor – Article – 159

 

Definition :- 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, 

“I, A.B., do 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).”

Article 159 provides that every person appointed a Governor or required to discharge the functions of a Governor, before taking charge of the office, shall take an oath or make an affirmation of office. The article also contains the form of the oath according to which the Governor undertakes to “preserve, protect and defend the Constitution and the law”. Provisions of the Constitution inter alia require the Governor to discharge his functions with the aid and advice of the Council of Ministers except in matters specifically mentioned for being handled in his discretion. The Governor is bound not only by the provisions of the Constitution but also by all the laws.

Constitutional debate on article 159 :-

  1. While the office of Speaker is vacant the duties of the office shall be performed by the Deputy Speaker, or if the office of Deputy Speaker is also vacant, by such member of the Assembly as the Governor may appoint for the purpose.

(2) During the absence of the Speaker from any sitting of the Assembly, the Deputy Speaker or, if he is also absent such person as may be determined by the rules of procedure of the Assembly, or, if no such person is present, such other person as may be determined by the Assembly, shall act as Speaker.

Draft Article 159 (Article 180) was debated on 2nd June 1949. It provided for the Deputy Speaker or any other member to fill the Speaker’s role in their absence.

The Draft Article was adopted without debate on 2nd June 1949.

Reference articles:-

https://rajbhavan-maharashtra.gov.in/en/constitutional-roles-in-brief/#:~:text=Every%20Governor%20and%20every%20person,or%20Affirmation%20(Article%20159).

https://www.constitutionofindia.net/constitution_of_india/the_states/articles/Article%20159

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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