Article 159

Oath or Affirmation by the Governor

Official heading: “Oath or affirmation by the Governor.”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 159, printed pages 71–72
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 159 requires the Governor to take a solemn constitutional oath before the High Court Chief Justice to preserve, protect, and defend the Constitution and the law.

2. What It Means in Everyday Language

Article 159 sets out the solemn oath or affirmation that every Governor and person discharging gubernatorial functions must subscribe to before entering office.

The oath is administered by the Chief Justice of the High Court exercising jurisdiction in relation to the State, or in their absence, the senior-most available High Court Judge.

The wording of the gubernatorial oath mirrors that of the President under Article 60: to faithfully execute the office, to devote oneself to the service and well-being of the people, and crucially, to "preserve, protect and defend the Constitution and the law".

3. Practical Illustrative Example

Everyday Scenario:

A newly appointed Governor arrives at the State capital to officially assume charge.

Core takeaway: Under Article 159, the Governor cannot discharge official duties until formally taking the oath administered by the Chief Justice of the State High Court.

Illustrative Notice: The duty to "preserve, protect and defend the Constitution" does not authorize the Governor to act as a parallel executive over the elected council of ministers.

4. Important Limits, Qualifications & Exceptions

Article 159 establishes the constitutional allegiance and formal inauguration of gubernatorial office.

Mandatory prerequisite: Must be taken before entering office.
Administered by High Court Chief Justice or senior-most available judge.
Substantive pledge: To preserve, protect, and defend the Constitution and the law.
Civic commitment: To devote oneself to the service and well-being of the people of the State.

5. Operative Constitutional Text

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 senior most Judge of that Court available, an oath or affirmation in the following form, that is to say— “I, A. B., do swear in the name of God that I will faithfully execute the solemnly affirm 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).”.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 159, printed pages 71–72 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource