Third Schedule: Forms of Oaths and Affirmations
Indian Polity › Schedules of the Constitution · Topic 28.3
The Third Schedule prescribes nine forms of oaths and affirmations for Union and state ministers, candidates, legislators, judges and the CAG, requiring true faith and allegiance to the Constitution and impartial performance of duties.
5 min read · UPSC Prelims · Polity · Schedules of the Constitution
At a Glance
- What it is Forms of oaths and affirmations for office-holders and candidates
- Articles 75, 84, 99, 124, 148, 164, 173, 188 and 219
- Forms Nine
- Amended by Simple majority
- Exam link UPSC Prelims, Polity: Schedules of the Constitution
Where Does It Fit?
This is the third topic of the category on the Schedules of the Constitution. The Third Schedule contains the forms of oaths or affirmations that Union ministers, candidates for election to Parliament and state legislatures, members of Parliament and state legislatures, Supreme Court and High Court judges, the CAG and state ministers have to take before entering office.
The Nine Forms
| Form | For | Article |
|---|---|---|
| 1 | Union ministers | 75 |
| 2 | Candidates for election to Parliament | 84 |
| 3 | Members of Parliament | 99 |
| 4 | Judges of the Supreme Court | 124 |
| 5 | Comptroller and Auditor-General of India | 148 |
| 6 | State ministers | 164 |
| 7 | Candidates for election to a state legislature | 173 |
| 8 | Members of a state legislature | 188 |
| 9 | Judges of the High Courts | 219 |
The President’s oath is not in the Third Schedule; it is prescribed in Article 60 itself, in which the President swears to faithfully execute the office, to preserve, protect and defend the Constitution and the law, and to devote himself to the service and well-being of the people of India.
Who Administers the Oath
| Functionary | Oath administered by or made before | Article |
|---|---|---|
| President | Chief Justice of India (or the senior-most Supreme Court judge available) | 60 |
| Vice-President | The President or a person appointed by him | 69 |
| Union ministers | The President | 75 |
| Candidate for Parliament | A person authorised by the Election Commission | 84 |
| Member of Parliament | The President or a person appointed by him | 99 |
| Judge of the Supreme Court | The President or a person appointed by him | 124 |
| CAG | The President or a person appointed by him | 148 |
| Governor | Chief Justice of the High Court (or the senior-most judge available) | 159 |
| State ministers | The Governor | 164 |
| Candidate for a state legislature | A person authorised by the Election Commission | 173 |
| Member of a state legislature | The Governor or a person appointed by him | 188 |
| Judge of a High Court | The Governor or a person appointed by him | 219 |
Contents of the Oaths
In substance, the oath for members and candidates requires the person to bear true faith and allegiance to the Constitution of India as by law established and to uphold the sovereignty and integrity of India. The oath for ministers adds a promise to faithfully and conscientiously discharge the duties of the office and to do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will, and a separate oath of secrecy, under which a minister will not directly or indirectly communicate or reveal any matter brought under his or her consideration, except as required for the due discharge of duties. Ministers take the oath of secrecy before entering office, and the oath of secrecy is administered by the President. Judges swear to perform the duties of the office without fear or favour, affection or ill-will, and to uphold the Constitution and the laws. The CAG takes an oath before the President to bear true faith and allegiance to the Constitution, uphold the sovereignty and integrity of India, perform duties without fear or favour, affection or ill-will, and uphold the Constitution and the laws.
Oath or Affirmation
Each form allows the person to either swear in the name of God or solemnly affirm, so that a person who does not wish to invoke God can take the affirmation instead, which keeps the oath consistent with the secular character of the Constitution. The forms differ in detail for each office, so that a legislator, a minister and a judge each pledge in terms suited to the duties of the office.
Consequences and Context
A member of Parliament cannot sit and vote in the House until he or she has made and subscribed the oath. A candidate for election takes an oath before a person authorised by the Election Commission as part of the nomination. A naturalised citizen separately takes an oath of allegiance to the Constitution of India before being registered as a citizen. The Third Schedule can be amended by an ordinary law of Parliament passed by simple majority, since the forms of oaths are matters of detail that Parliament can vary.
Why Is This Topic Important?
- Frequently asked Who administers which oath
- Article numbers Linked to specific offices
- Distinct from Article 60 President oath is in the Article
What Came Next?
The next topic covers the Fourth Schedule, the allocation of seats in the Rajya Sabha.
Key People and Terms
- Oath Solemn promise to God
- Affirmation Solemn promise without reference to God
- Oath of secrecy Taken by ministers
- Subscribe Sign the oath
- Allegiance Faithfulness to the Constitution
Exam Corner
Points to Remember
- Nine forms.
- President’s oath: Article 60, not the Schedule.
- Governor’s oath by High Court Chief Justice.
- Ministers: oath of office and secrecy.
- Candidates: before a person authorised by the EC.
Do Not Confuse With
- Oath and affirmation Both allowed
- Union and state minister oaths By President versus Governor
- Third Schedule and Article 60 President excluded
Memory Hook
Nine forms, but the President and Governor take theirs from the Articles.
Mains Angle
Questions on this topic usually ask about the oath of constitutional functionaries. Use these points to add depth.
- Constitutional allegiance Faith in the Constitution
- Neutrality Without fear or favour
- Secrecy Ministers
- Administering authority Hierarchy of office
A Question You May Face
An original practice question, not a past paper question.
“What is the significance of oaths taken by constitutional functionaries?”
How to Answer
- Introduction Third Schedule.
- Forms Nine.
- Administration Who swears in whom.
- Conclusion Significance.
GS Relevance
Frequently Asked Questions
What does the Third Schedule contain?
The Third Schedule contains the forms of oaths or affirmations for Union ministers, candidates for election to Parliament, MPs, Supreme Court judges, the CAG, state ministers, candidates for state legislatures, members of state legislatures and High Court judges.
Is the oath of the President in the Third Schedule?
No. The President’s oath is in Article 60, in which the President swears to faithfully execute the office, preserve, protect and defend the Constitution and the law, and devote himself to the service and well-being of the people of India.
Who administers the oath to a Governor?
The Governor takes the oath before the Chief Justice of the state High Court, or in the absence of the Chief Justice, before the senior-most judge of that High Court who is available at the time, under Article 159.
Who administers the oath to Union ministers?
The President administers the oath of office and the oath of secrecy to Union ministers under Article 75, while state ministers take their oaths from the Governor of the state under Article 164, and the forms differ for each office.
Before whom does a candidate for Parliament take an oath?
A candidate for election to Parliament or a state legislature makes and subscribes an oath before a person authorised in that behalf by the Election Commission, under Articles 84 and 173 respectively, before contesting, before contesting the election.
PYQ Practice — Statement Analysis
1 The Third Schedule contains the oath of the President.
Article 60.
2 The Governor takes oath before the High Court Chief Justice.
Article 159.
3 State ministers take oath from the Governor.
Article 164.
4 The Third Schedule has nine forms.
For nine categories.
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