Legal Significance of Oath of Office: Comparison between Indian and US Context

Indian Constitution excerpt of article 60 reads as .the best of my (president) ability preserve protect and defend the Constitution and the law and that I will devote myself to the service and well-

being of the people of India. Even insertion of oath part of president in main body of Indian constitution shows the immense importance of oath. Such above promises made via oath by president

are not of only of ceremonial nature but it has also got remedial measures for violation by insertion of

article 61-Procedure for impeachment of the President (President is to be impeached for violation of the

Constitution) by makers of Indian Constitution.

Article 74 (Council of Ministers to aid and advice President) clearly says that president in exercise of

his functions, act in accordance of aid and advice given by council of ministers. Article 74 puts curtain

on the discretionary power of the president as enjoyed in federal system but in turn narrows down the

criteria and penalty for violation of constitution as compared to federal nations especially US.

Besides President and Vice-President, members of either house of parliament are also required to

take Oath or affirmation as per Article 99. Penalty of five hundred rupees to be recovered as a debt due

to the Union for sitting and voting before making oath or affirmation under Article 99 or when not

qualified or when disqualified is prescribed under Article 104. There are several related similar article

of oath, i.e. Article 159-Oath or affirmation by the Governor, Article 188-Oath or affirmation by

members of the State Legislature, Article 193-Penalty for sitting and voting before making oath or

affirmation under article 188 or when not qualified or when disqualified, Article 219-Oath or

affirmation by Judges of High Courts. Third Schedule to the constitution covers some Forms of Oaths

or Affirmations.

In US Constitution Article. II Section. 4 reads as the president, vice president and all civil officers of the united states, shall be removed from office on impeachment for, and conviction of, treason,

bribery, or other high crimes and misdemeanors.

Federal law regulating oath of office by government officials is divided into four parts along with an

executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the

text of the actual oath of office members of Congress are required to take before assuming office. 5

U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office

required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of

office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal

criminal offense (and a violation of oath of office) for anyone employed in the United States

Government (including members of Congress) to advocate the overthrow of our constitutional form of government. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

CONCLUSION

Oath has got legal significance in terms of impeachment or fine as prescribed in Indian Constitution

scenario but additional federal criminal offense nature for violation of oath in US imparts better

remedial and enforceability measures.