The Study By Manikant Singh
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Oath of MPs

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Oath of MPs

Context :

Recently in the oath taking ceremony of MP’s in 18th Lok Sabha MP from Saran, Bihar could not take his oath in Bhojpuri.

 

Oath 

  • The Constitution’s third schedule contains the text of the parliamentary oath:
  • In his oath or affirmation ,a member of Parliament swears:
  • bear true faith and allegiance to the Constitution of India as by law established,
  • will uphold the sovereignty and integrity of India
  • will faithfully discharge the duty upon which he is about to enter.

What is the parliamentary oath vs Affirmation ?

According to Article 99 an MP has to subscribe to an oath or affirmation prescribed in the Constitution. 

  • Oath :Those who believe in God will swear oath in the name of God
  • Affirmation:There will be liberty for those agnostics, who do not believe in God, only to solemnly affirm allegiance to the constitution.
  • Oaths and affirmations are a matter of personal choice for MPs.

Who governs the Oath :

  • Article 95(1) : The President or the person appointed by him 
    • The President  has entrusted the pro term speaker with the duties to preside over the House as his colleagues take oath.

 

Language of  the Oath :

  • After the verification, MPs can subscribe to the oath or affirmation in English or any of the 22 scheduled languages specified in the Constitution.
  • These languages included Sanskrit, Hindi, Dogri, Assamese, Odia and others.

 

Need for Oath?

  • The five-year term of a Lok Sabha MP begins when the Election Commission of India (ECI) declares the result but to participate or vote in the House, MPs must first take oath.
    • Article 99-:To debate and vote in Lok Sabha, an MP has to take her seat in the House by making and subscribing to an oath or affirmation prescribed in the Constitution. 
    • Article 104: The Constitution also specifies a financial penalty (the only one in the document) of Rs 500 if a person participates or votes in House proceedings without taking an oath.
  • However, there is an exception to this rule. An individual can become a minister without being elected to Parliament for 6 months.
  •  During this time, they can participate but not vote in House proceedings.
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