The Constitution of India
Article 60
Oath or affirmation by the President
Every President and every person acting as President or discharging the functions of the President shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of India or, in his absence, the senior-most Judge of the Supreme Court available, an oath or affirmation in the following form, that is to say —
"I, A.B., do swear in the name of God / solemnly affirm that I will faithfully execute the office of President (or discharge the functions of the President) of India and will to the best of my ability preserve, protect and defend theConstitution and the law and that I will devote myself to the service and well-being of the people of India”.
Why this exists
The oath provision was included so that the highest constitutional office begins with a formal, public commitment to the Constitution rather than to any party, ideology, or personal agenda. Requiring the Chief Justice to administer it (rather than, say, Parliament) symbolically links the executive head to constitutional supremacy and judicial oversight of that commitment. It also allows flexibility between a religious oath and a secular affirmation, reflecting India's constitutional commitment to religious neutrality.
Common misconceptions
- Myth: The oath is just a ceremonial formality with no legal weight.
Fact: The oath is a constitutional precondition — the President cannot legally exercise any powers of the office until this oath or affirmation is made. - Myth: The President must swear in the name of God.
Fact: The Constitution explicitly allows a choice between swearing in God's name or making a secular 'solemn affirmation', accommodating both religious and non-religious individuals.