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Article 219

Oath or Affirmation by High Court Judges

Official heading: “Oath or affirmati on by Judges of High Courts.”

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 219, printed page 101
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1. In One Sentence

Article 219 mandates that every person appointed to be a Judge of a High Court shall take a constitutional oath according to the Third Schedule before the Governor before entering office.

2. What It Means in Everyday Language

Article 219 prescribes the constitutional swearing-in requirement for High Court Judges.

Every person appointed as a High Court Judge must, before entering upon office, make and subscribe an oath or affirmation before the Governor of the State, or some person appointed in that behalf by the Governor.

The oath, set out in Form VIII of the Third Schedule, pledges true faith and allegiance to the Constitution of India, to uphold the sovereignty and integrity of India, and to perform judicial duties "without fear or favour, affection or ill-will", upholding the Constitution and the laws.

3. Practical Illustrative Example

Everyday Scenario:

A newly appointed High Court judge receives the presidential warrant of appointment.

Core takeaway: Under Article 219, the judge cannot hear cases or issue orders until formally taking the oath administered by the Governor at Raj Bhavan.
Illustrative Notice: The solemn pledge to act "without fear or favour" is the constitutional foundation of judicial impartiality.

4. Important Limits, Qualifications & Exceptions

Article 219 formalizes judicial allegiance and commitment to impartiality.

  • Mandatory prerequisite prior to exercising judicial functions.
  • Administered by State Governor or designated representative.
  • Form VIII Third Schedule pledge of impartiality without fear or favour.

5. Operative Constitutional 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.
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
  • •
    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 219, printed page 101 • 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

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