Oath or Affirmation by the President (Article 60)

President oath requirements are set out in Article 60 of the Constitution, which requires every President — and every person acting as President or discharging presidential functions — to make and subscribe to a prescribed oath or affirmation before entering upon the office.

What Article 60 Requires

Article 60 states that every President, and every person acting as President or discharging the functions of the President, must, before entering upon office, make and subscribe to an oath or affirmation in the presence of the Chief Justice of India. If the Chief Justice is unavailable, the senior-most judge of the Supreme Court available administers it instead. The requirement applies not only to a regularly elected President but also to anyone stepping in to act as President or to discharge presidential functions during a vacancy or period of incapacity.

Content of the Oath

In the oath, the President undertakes three commitments:

1. to faithfully execute the office of President (or, where applicable, to faithfully discharge the functions of the President);
2. to preserve, protect, and defend the Constitution and the law; and
3. to devote himself or herself to the service and well-being of the people of India.

This three-part commitment binds the office-holder to constitutional fidelity and to the welfare of citizens, rather than to any political party, government, or personal interest.

Who Administers the Oath and Why It Matters

The Constitution deliberately assigns this function to the Chief Justice of India — the head of the judiciary — rather than to a political figure such as the Prime Minister or the Speaker of the Lok Sabha. This choice reinforces the separation of the presidency from the political executive and signals that the office's fidelity is first and foremost to the Constitution, administered and witnessed by the highest judicial authority. In the Chief Justice's absence, the responsibility falls to the senior-most available Supreme Court judge, ensuring the oath can always be administered without delay, even in unusual circumstances.

Oath as a Precondition to Exercising Powers

Taking the oath under Article 60 is not a ceremonial afterthought — it is a precondition for entering upon office. No person, however validly elected, can begin to exercise the powers of the President, described in Article 53 as the executive power of the Union (including supreme command of the defence forces), until this oath has been made and subscribed. The same requirement extends to a Vice-President acting as President under Article 65 during a vacancy, or to any other person discharging presidential functions in a contingency, ensuring continuity of constitutional accountability regardless of who occupies the office at a given time.

UPSC Relevance

Prelims

• The President's oath is administered by the Chief Justice of India, or in their absence, the senior-most available Supreme Court judge.
• The oath's three commitments: faithfully execute the office, preserve/protect/defend the Constitution and law, and serve the well-being of the people of India.
• The same oath requirement applies to any person acting as President or discharging presidential functions, not only to a regularly elected President.

Mains

• Discuss the constitutional significance of having the judiciary, rather than the political executive, administer the President's oath.
• Analyse Article 60 as a safeguard ensuring that the exercise of presidential power is always preceded by an explicit commitment to constitutional fidelity.

FAQ

Q1. Who administers the oath of office to the President of India? The Chief Justice of India administers it; if the Chief Justice is unavailable, the senior-most Supreme Court judge available does so.

Q2. What does the President promise in the oath? To faithfully execute the office, to preserve, protect, and defend the Constitution and the law, and to devote themselves to the service and well-being of the people of India.

Q3. Does the Vice-President take the same oath while acting as President? Yes. Article 60 applies to every person acting as President or discharging the functions of the President, so the same oath is administered.

Q4. Can the President exercise powers before taking the oath? No. Taking the oath under Article 60 is a precondition to entering upon the office and exercising its powers.

Q5. Is the oath under Article 60 different from the oath taken by Ministers or MPs? Yes, it is a distinct oath specific to the presidency, administered by the Chief Justice of India rather than by the President (as is done for Ministers) or a presiding officer (as for legislators).

Quick Revision

• Article 60 prescribes the President's oath before entering office.
• Administered by the Chief Justice of India, or the senior-most available Supreme Court judge in the CJI's absence.
• Oath: faithfully execute the office; preserve, protect, defend the Constitution and law; serve the well-being of the people of India.
• Applies to every person acting as President or discharging presidential functions, not just an elected President.
• Oath-taking is a precondition to exercising presidential powers.

Sources

• The Constitution of India, Article 60 — https://legislative.gov.in/constitution-of-india
• The Constitution of India, Third Schedule (forms of oaths) — https://legislative.gov.in/constitution-of-india

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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