Part VI: The States
Chapter V: Conduct of Business
Article 188: Oath or Affirmation by Members
--- Original Article ---
Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, 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.
Explanations
Article 188 requires members of the Legislative Assembly or Council to make an oath or affirmation before assuming their legislative duties. This act symbolizes their allegiance to the Constitution and their duty to uphold democratic values.
Key Provisions
- Obligation to Take Oath or Affirmation: Ensures a formal commitment to constitutional duties before assuming office.
- Role of the Governor: The oath is administered by the Governor or an appointed representative.
- Uniformity in Oath Content: The Third Schedule provides the specific wording, ensuring consistency across all states.
Real-Life Examples
- In Karnataka (2018), members deviated from the prescribed oath format, leading to strict interventions.
- In Maharashtra (2019), an assembly member refused the prescribed oath, reinforcing strict adherence to Article 188.
Historical Context
Article 188’s inclusion reflects a commitment to constitutional loyalty, rooted in British parliamentary tradition, underscoring its importance in legislative integrity.
Debates and Deliberations
During the Constituent Assembly debates, Dr. B.R. Ambedkar proposed amendments to strengthen the oath process. Members such as Shri K.M. Munshi supported a standardized oath, highlighting its role in upholding democracy.
Other members debated if additional clauses should be added to account for regional languages in the oath. Ultimately, it was decided that the Third Schedule would provide the standard format while allowing flexibility in language.
References
- Indian Constitution (Third Schedule)
- Karnataka Legislative Assembly Records
- Constituent Assembly Debates