Part VI - The States • Article

Article 219 Simplified: Oath or affirmation by Judges of High Courts

Article 219 requires every High Court judge, before taking office, to make an oath or affirmation before the Governor of the state (or their nominee). The oath form is in the Third Schedule and commits the judge to faithfully perform their duties and uphold the Constitution and laws of India. This oath is the constitutional moment when a judge formally assumes judicial power.

Official Text

Every person appointed to be a Judge of a High Court *** shall, before he enters upon his office, make and subscribe before the Governor of the State, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Simple Meaning

Explain Like Ten

Before a judge can hear even a single case, they must make a solemn promise—the constitutional oath. Article 219 says this promise must be made in front of the Governor (or their representative), using the exact words written in the Third Schedule of the Constitution. Only then does the judge officially become a judge.

Student Mode

Article 219 mirrors Article 124(6) (SC judge oath). The oath/affirmation is made before the State Governor (not the President—unlike SC judges). The form is in the Third Schedule. The oath commits the judge to: faithfully discharge duties, uphold the Constitution and laws, do right to all manner of people without fear, favour, affection, or ill-will. The oath is a mandatory constitutional precondition—judicial power cannot be exercised until the oath is taken.

Example

When a new Chief Justice of the Madras High Court is appointed, they take the oath of office before the Tamil Nadu Governor at a formal ceremony. The exact words come from the Third Schedule. Only after taking this oath is the judge legally empowered to hear cases, sign orders, or exercise judicial authority. A judge who has not yet taken the oath cannot legally sit on a bench.

Key Takeaway

Article 219 requires every High Court judge to take a constitutional oath before the Governor before entering office—the oath is in the Third Schedule.

FAQs

Before whom does a High Court judge take oath—the Governor or the President?

Before the Governor of the state (or someone the Governor appoints). This contrasts with SC judges who take oath before the President. The Governor administers HC oaths because HCs are state-level institutions.

Where is the exact form of the HC judge's oath found?

The Third Schedule of the Constitution contains the prescribed forms of oaths and affirmations, including the one for HC judges (Form VIII). It covers both the oath of office and the oath of secrecy.

Quiz

Before whom must a High Court judge take their oath under Article 219?

Answer: The Governor of the State

The prescribed form of oath for High Court judges under Article 219 is found in:

Answer: The Third Schedule