Oaths of Office

Why are oaths of office and secrecy different for various functionaries in the Constitution of India?

The President and the Vice President are above the three pillars of the Constitution of India viz., the Legislature, the Judiciary and the Executive. Perhaps, this explains their oath being mentioned in the main Constitution (Arts. 60 and 69) itself; not in any Schedule thereof. They affirm that they will discharge their duties faithfully. The President undertakes to preserve, protect and defend the Constitution and the law of India. The Vice President undertakes to faithfully discharge his duties and owes his faith and allegiance to the Constitution of India.

All the functionaries have to express their allegiance to the Constitution of India and upholding the sovereignty and integrity of the country. The obligation relating to their oaths of office and/or secrecy is laid down in Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 of the Constitution. The actual text of their oaths and affirmation are mentioned in the III Schedule the Constitution. The Legislatures will have to affirm only this. The Executive functionaries have to express in addition, that they will discharge their duties without any fear or favour. The Judicial functionaries have to affirm that they will perform their duties without fear or favour and also uphold the Constitution and the laws of the land.

As the Legislatures are basically involved with law making; which happens through lot of open debate, there is no oath of secrecy for them. The Executive and Judiciary on the other hand will have to express that they will perform their duties without any fear or favour. While the Judiciary has to uphold the Constitution and the law of the land, the Executive will have to undertake to maintain oath of secrecy.