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Oath Under the Constitution

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 05-Jul-2024

Source: Indian Express 

Introduction 

  • Schedule 3 of the Constitution of India, 1950 (COI) provides for form of oath and affirmation to be granted to several constitutional functionaries.  

What are the Provisions of Oath Regarding Member of Parliament under the Constitution? 

  • Article 99 of the Constitution of India, 1950 (COI) provides that every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule. 

What is the Oath Administered to judges?  

  • The third Schedule of the Constitution provides for oath to be administered to the Supreme Court judges. 
  • The oath provides a succinct definition of working definition of independence of judiciary as security from threats emanating from within (incumbent and superannuated justices, litigants and lawyers) and outside (from the state and economy). 
  • Thus, judges must not act on their belief and opinion but must act on their “knowledge and judgment”. 
    • “Knowledge” here refers to institutional memory of foundational values of court craft and justicing and “judgment” refers to fidelity to core principles of interpretation. 

Can Oath be Administered in Which Languages? 

  • Members can make and subscribe oath in English or in languages specified in the Eighth Schedule.  
  • Eighth Schedule of the Constitution consists of 22 languages. 

What is the Procedure for Making Oath or Affirmation? 

  • The first sitting of a newly elected House is usually devoted to oath and affirmation by members. 
  •  Swearing in to the members is a solemn occasion. 
  • It is expected that nothing is done by the members to mar or disturb the proceedings of the House when the swearing in takes place. 
  • The members make and subscribe to the oath on their names being called by the Secretary General for that purpose. 
Constitutional Functionary  Oath Administered 
Member of the House I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter. 
Judge of the Supreme Court  I, A.B., having been appointed Chief Justice (or a Judge) of the Supreme Court of India do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, that I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws.” 

Conclusion 

The oath administered to the constitutional functionaries uses the words to ensure that the functionaries uphold the sovereignty and integrity of the country. Thus, oath reflects the principles that the functionaries should uphold.