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Third Schedule of Indian Constitution

Last Updated : 02 Feb, 2024
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Third Schedule of Indian Constitution: The third Schedule of the Indian Constitution contains the Forms of Oaths or Affirmations of various Constitutional posts such as Union ministers of India, Judges of the Supreme Court, Judges of the High Court, Comptroller and Auditor General, etc. Third Schedule of Constitutional covers the Articles 75(4), 99, 124(6), 164(3), 188 and 219 of the Indian Constitution.

In this article, we will look into the Forms of Oaths or Affirmations, and the Articles associated with the Third Schedule of Indian Constitution.

Table of Content

What is the Third Schedule of Indian Constitution?

The third Schedule of the Indian Constitution defines the "Forms of Oaths or Affirmation" of various Constitutional posts. It covers the Articles 75(4), 99, 124(6), 148(2), 164(3), 188 and 219 of Constitution. It lists the various officeholders and public servants in India who are required before entering their respective offices. The Third Schedule of the Indian Constitution contains the forms of oath and affirmation for posts mentioned below:

  • Supreme Court Judges
  • Union Ministers of India
  • Parliament of Election Candidates
  • Article 99 Members of Parliament (MPs)
  • Comptroller and Auditor General
  • Ministers of State
  • Candidate for State Legislature Elections
  • State Legislature Delegates
  • Judges of the High Court

Articles Associated with the Third Schedule of Indian Constitution

There are certain articles associated with the third Schedule of the Constitution which are mentioned below:

1. Oath or Affirmation by Ministers

Article 75(4) describes the oath or affirmation to be taken by the Prime Minister and another minister before entering their office.

2. Oath or Affirmation by Members of Parliament

Article 99 describes the oath or affirmation to be taken by members of Parliament for the Lok Sabha before entering their office.

3. Oath or Affirmation by Judges of Supreme Court

Article 124(6) describes the oath or affirmation to be taken by members of Parliament before entering upon their office.

4. Oath or Affirmation by Chief Minister and other Ministers

Article 164(3) describes the oath or affirmation to be taken Chief Minister and other ministers of State before entering upon their office.

5. Oath or Affirmation by Members of Parliament

Article 188 describes the oath or affirmation to be taken by members of Parliament for the Rajya Sabha before entering upon their office.

6. Oath or Affirmation by Judges of High Court

Article 124(6) describes the oath or affirmation to be taken by the judges of High court before entering upon their office.

Important Provisions of Third Schedule of Indian Constitution

Here are the key provisions of the third schedule of Indian Constitution:

  • The President and Vice President are required to swear or affirm allegiance to the Constitution and faithfully discharge their duties.
  • Judges of the Supreme Court and the Comptroller and Auditor-General of India need to take an oath to uphold the Constitution and perform their functions without fear or favor.
  • Governors of States are required to swear or affirm allegiance to the Constitution and faithfully discharge their duties.
  • Ministers, before entering upon their office, need to take an oath or affirmation to bear true faith and allegiance to the Constitution, maintain the secrecy of certain matters, and not directly or indirectly communicate or reveal matters entrusted to them.
  • Members of both Houses of Parliament and State Legislatures need to take an oath or affirmation to uphold the Constitution and faithfully discharge their duties.
  • Judges of High Courts are required to take an oath or affirmation to uphold the Constitution and perform their judicial duties impartially.
  • Members of the Union and State Public Service Commissions need to swear or affirm allegiance to the Constitution and faithfully discharge their duties.
  • Advocates General of States are required to take an oath or affirmation to uphold the Constitution and perform their duties faithfully.

Why Does the Indian Constitution Require Different Oaths for the President, Ministers, Legislators, and Judiciary Members?

Different Constitutional posts have different functions and responsibilities. Keeping this in mind Constitution makers provided different oaths for the President, Prime minister, Ministers of State, Legislature and Judiciary members. Different authorities need to perform different functions, so the form of oath are different accordingly. This has been done in keeping with the different designations, their functions, the nature of power they enjoy and the dignity of the post. Oaths or affirmations binds the person to do his duties well and to be faithful to it. We can understand this by taking an example such as President, the President is the head of the state and all functions of the country are performed in his name. His ordinance making power confers him the role of a legislator. He also has got judicial powers of pardoning, and he is the supreme commander of the Armed forces.

Conclusion - Third Schedule of Indian Constitution

The third Schedule of the Indian Constitution contains the Forms of Oaths or Affirmations of various Constitutional posts. By including different oath for different officials, The Third Schedule of Indian Constitution reinforces the democratic values, Constitutional principles, and the rule of law that form the foundation of the Indian republic. The oaths mentioned in Indian Constitution emphasize loyalty to the Constitution, service to the nation, and the unbiased discharge of duties by these officials. It underlines the duties and principles to be performed by the President, Vice President, Prime Minister, Judges of the Supreme Court, Governors of States, or other officials.

Related Artices:

FAQs on Third Schedule of Indian Constitution

1. What is Third Schedule of Indian Constitution?

The Third Schedule of Indian Constitution defines the "Forms of Oaths or Affirmation" of various Constitutional posts. The third schedule of the Indian Constitution contains the forms of oath and affirmation for Union Ministers of India, Parliament Election Candidates, Members of Parliament (MPs), Supreme Court Judges, Comptroller and Auditor General, State Ministers, State Legislature Elections’ Candidates, State Legislature Members, High Court Judges.

2. Is Third Schedule of Indian Constitution contain the oath for president of India?

No, it does not contain oaths and Affirmations for the President of India. Schedule 3 of the Indian Constitution defines all the forms of oath for all the constitutional authorities.

3. Is Third Schedule of Indian Constitution contain the oath for governors of India?

No, it does not contain oaths and Affirmations for the governors of India. Schedule 3 of the Indian Constitution defines all the forms of oath for all the constitutional authorities. The oath of Presidents, Governors, and Vice-Presidents aren't mentioned in the 3rd schedule.

4. How many Schedules are present in Indian Constitution?

There are 12 Schedules present in Indian Constitution. The Indian Constitution is divided into 25 parts and 12 schedules. It had 395 articles in 22 parts and 8 schedules at the time of its commencement. Schedules were first mentioned in the Government of India Act, 1935 where it included 10 Schedules.

5. What is the Third Schedule Oath?

The Third Schedule contains the forms of oaths or affirmations that various officeholders, such as the President, Vice President, Prime Minister, Judges of the Supreme Court, Governors of States, and other officials, are required to take before entering upon the duties of their offices.

Reference:

Third Schedule [www.mea.gov.in/]

Qualifications of Naturalization [upload.indiacode.nic.in/]

Constitutional Provisions [cag.gov.in/]

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