The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.
159. Oath or affirmation by the Governor.—Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say—
“I, A.B., do that I will faithfully execute the office of Governor (or discharge the functions of the Governor) of ……… (name of the State) and will to the best of my 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 …………. (name of the State).”
Article 159 provides that every person appointed a Governor or required to discharge the functions of a Governor, before taking charge of the office, shall take an oath or make an affirmation of office. The article also contains the form of the oath according to which the Governor undertakes to “preserve, protect and defend the Constitution and the law”. Provisions of the Constitution inter alia require the Governor to discharge his functions with the aid and advice of the Council of Ministers except in matters specifically mentioned for being handled in his discretion. The Governor is bound not only by the provisions of the Constitution but also by all the laws.