The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is the next Article in the series on constitutional provisions in order to aid our readers in understanding them.
219. Oath or affirmation by Judges of High Courts.—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.
Article 219 provides that before entering his office, every person appointed as a judge of a High Court is required to take an oath or make an affirmation in the form given in the Third Schedule of the Constitution which requires him to “bear true faith and allegiance to the Constitution”, to “uphold the sovereignty and integrity of India” and to perform the duties of office “without fear or favour, affection or ill-will” and to “uphold the Constitution and the laws”.
It will not be correct and proper for any judge to accept the invitation and hospitality of any business or commercial organisation or of any club or organisation run on sectarian, communal or parochial lines. Invitations by the Bar Association or social invitations naturally stand on a different footing and no one will find an exception to any judge attending a social function. Judges are by reason of their office and nature of work expected not to get involved in controversial matters, or to concern themselves with political parties as a part of their political programme.
A judge who is transferred to another High Court has to take a fresh oath before he assumes the charge of his office as a judge of the High Court to which he is transferred.
There is nothing in the oath of office under article 219 which warrants a judge to ignore the rule relating to the binding nature of the precedents which are uniformly followed.
