Article 219 of CoI : Article 219: Oath or affirmation by Judges of High Courts.

Explanation using Example

Example 1:

Scenario: Appointment of a New High Court Judge in Maharashtra

Context: Advocate Priya Sharma has been appointed as a Judge of the Bombay High Court.

Application of Article 219: Before Priya Sharma can officially start her duties as a High Court Judge, she must take an oath or make an affirmation. This oath must be taken in front of the Governor of Maharashtra or a person appointed by the Governor for this purpose.

Process:

1. The Governor of Maharashtra schedules a formal ceremony for the oath-taking.
2. Priya Sharma attends the ceremony and makes the oath or affirmation as per the form set out in the Third Schedule of the Constitution of India.
3. After taking the oath, Priya Sharma is officially recognized as a Judge of the Bombay High Court and can begin her judicial duties.

Example 2:

Scenario: Transfer of a High Court Judge to a Different State

Context: Judge Rajesh Kumar, currently serving in the Madras High Court, is transferred to the Allahabad High Court.

Application of Article 219: Even though Judge Rajesh Kumar has already taken an oath when he was appointed as a Judge of the Madras High Court, he must take the oath again before he can start his duties at the Allahabad High Court.

Process:

1. Upon his transfer, the Governor of Uttar Pradesh arranges a ceremony for the oath-taking.
2. Judge Rajesh Kumar attends the ceremony and makes the oath or affirmation in front of the Governor of Uttar Pradesh or a person appointed by the Governor.
3. After taking the oath, Judge Rajesh Kumar is officially recognized as a Judge of the Allahabad High Court and can commence his judicial responsibilities there.