News Excerpt:

Before the first session of the 18th Lok Sabha, newly elected members must take the oath as Members of Parliament (MP), as stipulated in the Constitution.

More about News: Bhartruhari Mahtab, who was elected from Cuttack, Odisha, for a seventh term in a row, will be the first to take the oath of office before President Droupadi Murmu, at Rashtrapati Bhavan. The President has designated Mahtab as the Pro-tem Speaker under Article 95(1) of the Constitution until the new Speaker is elected.

When Does an MP's Term Begin?

• A Lok Sabha MP's five-year term starts when the Election Commission of India (ECI) declares the election results, according to Section 73 of the Representation of the People Act, 1951.
• From that date, MPs gain certain rights as elected representatives, including receiving their salary and allowances.
• Once their term begins, MPs must adhere to the anti-defection law, which allows their political party to request the Speaker to disqualify them if they switch party allegiance.

Significance of  Parliamentary Oath

• Winning an election and beginning the term does not automatically permit an MP to engage in House proceedings.
• To participate in debates and votes in the Lok Sabha, an MP must take their seat by making and subscribing to an oath or affirmation as prescribed in the Constitution (Article 99).
• The Constitution also imposes a financial penalty of Rs 500 for participating or voting in House proceedings without taking the oath (Article 104).
• An exception exists for individuals who become ministers without being elected to Parliament. They have six months to secure a seat in either the Lok Sabha or Rajya Sabha, during which they can participate but not vote in House proceedings.

What Is the Parliamentary Oath?

• The text of the parliamentary oath is in the Constitution’s third schedule:

 “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.”

Evolution of the Oath

• The original draft Constitution, prepared by the drafting committee chaired by Dr. B.R. Ambedkar did not mention God in any oaths.
• The committee intended that the person taking the oath solemnly promises to bear true faith and allegiance to the Constitution.
• During discussions in the Constituent Assembly, members like K.T. Shah and Mahavir Tyagi proposed amendments to include God in the oath.
• Ambedkar accepted these amendments, acknowledging that for some, invoking God provides the necessary moral sanction.
• The most recent change to the oath came with the Constitution (Sixteenth Amendment) Act, 1963, which added the commitment to uphold India's sovereignty and integrity, based on recommendations from the National Integration Council.

Procedure of Taking Oath?

• MPs must submit their election certificate to the Lok Sabha staff before being called to take the oath or affirmation. This requirement was introduced after 1957.
• After verification, MPs can take the oath or affirmation in English or any of the 22 languages specified in the Constitution.

Oath Procedure for MPs in Jail

• The Constitution states that an MP’s seat can be declared vacant if they do not attend Parliament for 60 days.
• Courts have permitted MPs in jail to take the oath in Parliament to prevent their seats from becoming vacant.