Difference between revisions of "OATH OR AFFIRMATION BY JUDGES OF A HIGH COURT (ARTICLE 219)"

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India has been great with its judicial system. Article 214 states that every state shall have a High Court here neither the State Executive nor the State Legislature has the power to control the High Courts only Parliament can do it. Constitution of High Courts as mentioned in article 216 defines that every High Court comprises of a Chief Justice and such other judges who are appointed by the President of India. Constitution of India has provided High Court with some powers for retaining their existing jurisdiction which are the power to issue writs or orders for the enforcement of Fundamental Rights or for any other purpose, the power of superintendence over subordinate courts, the power to transfer cases to themselves pending in the subordinate courts involving interpretation of the Constitution and the power to appoint officers.

Officers, Servants, and the Expenses of the High Courts are stated in the section 229 of the constitution which are as follows: 1. Chief Justice of the High Court appoints the officers and servants of a High Court. 2. According to the laws made by the Legislature of the State rules may be set by the Chief Justice of the High Court for the circumstances of service of Officers and servants of a High Court. 3. The Consolidated Fund of the State is responsible for all the salaries, allowances, etc which are the administrative expenses of the High Court. Appointment and Conditions of Office of a Judge of a High Court is well defined in section 217. It defines that the Judges shall be appointed by the President with the consult of the Chief Justice of India and the Governor of the State. It is also mentioned that a person is not qualified for the appointment of the judge unless he is the citizen of India, he has for at least 10 years has held a judicial office in territory of India and has been advocate for 10 years in a High Court. A Judge can hold the office till the age of 62 years.[1]

A Judge either permanent, additional, or acting can evacuate his office in any of these following ways:

1. Resignation addressed to the President in writing. 2. When appointed by the President as the Judge of the Supreme Court or other High Court. 3. On ground of proved misbehaviour or incapacity when the Judge is detached by the President with the speech of the two Houses of Parliament.

Salaries of the Judges are specified in the section of Constitution of India, it says that the salaries paid to the Judges are strong-minded by the Parliament and those salaries are detailed in the second schedule. Also, the right to leave of absence, and pension are also determined by or under the law made by the Parliament. The main aim of the Constitution of India is to gain the goal of ensuring justice, equality and liberty to all the citizens of India by obligating the Indian Judiciary and how this goal is accomplished is exquisitely summed up in the form of oath made by the Judges of the both Supreme Court and High Courts.

Article 219 of the Constitution explains the Oath or affirmation by Judges of High Courts. According to the article “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”.[2]

Form of oath or affirmation to be made by the Judges of a High Court: — “I, A.B., having been appointed Chief Justice (or a Judge) of the High Court at (or of) ..........do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, 2 [that I will uphold the sovereignty and integrity of India,] that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.” [3] By swearing in the name of the god a Judge enacts himself that he will always be faithful and committed towards the Constitution of India with best of his ability, judgement, and knowledge. He also solemnises that he will uphold the sovereignty and integrity of India and will perform his all duties without any fear or favour. The oath of the Judge is considered as the complete Code of Conduct which incorporates in all the norms of the judicial ethics. The oath of the Judge is a powerful message, a message which has the secular character.

                     “God is always the upholder of justice”- Mahatma Gandhi

It is very well said by the one of the prominent lawyers of India that god is always the supporter of justice and thus in the name of the god a Judge enacts himself for taking his responsibility obediently. The Judge cannot retain his earlier passive judicial role when he administers the law under the Constitution to offer effect to the constitutional ideals. The bewildering complexity of litigation requires him not only to affirm the rights to citizens but also to shape the relief as per the given facts and situations. The Judge sometimes also commands the chief and other officials to enforce to the order, writ, or direction or to prohibit the unconstitutional acts. During this ongoing complex of adjudicatory process, the role of the Judge is not merely to interpret the law but also to get new norms of law and to mould the law to suit the changing social and economic scenario to form the ideals enshrined within the Constitution meaningfully and being effective in reality. For the task of safeguarding the Constitution and securing the constitutional values the Judiciary is trusted. The oath is the citadel of public justice and harmony which a Judge proclaims to accomplish the constitutional role.[4]

    • references**
  • https://www.yourarticlelibrary.com/essay/the-high-courts-of-india-composition-appointment-of-judges-and-other-details/24917
  • https://indiankanoon.org/doc/1258876/
  • Third schedule https://www.mea.gov.in/Images/pdf1/S3.pdf
  • https://indialawyers.wordpress.com/2009/11/12/the-oath-or-affirmation-by-judge-constitution-of-india/