Oath of Newly Elected MLAs in State Assembly
Why in News
Newly elected Members of Legislative Assembly (MLAs) in Tamil Nadu took their oath of office, a constitutional requirement before participating in legislative proceedings.
Background
Upholds constitutional propriety and ensures members pledge allegiance to the Constitution before assuming legislative duties; prevents disqualification under the Representation of People Act, 1951.
Key Figure
• Article 188 — Oath for MLAs/MLCs • Article 193 — Penalty for not taking oath • Third Schedule — Forms of Oaths
Key Facts
- 1Constitutional Provision (MLAs): Article 188 mandates oath or affirmation by members of Legislative Assembly and Legislative Council.
- 2Administering Authority: The Governor, or some person appointed by him (typically the Pro-tem Speaker).
- 3Form of Oath: Specified in the Third Schedule of the Indian Constitution.
- 4Content of Oath: Pledges allegiance to the Constitution, sovereignty, and integrity of India, and faithful discharge of duties.
- 5Consequence of not taking oath: Member cannot sit or vote in the House and is liable to penalty (Article 193).
- 6Disqualification: Representation of People Act, 1951, Section 157, deals with failure to take oath.
- 7Pro-tem Speaker: Appointed by the Governor to administer oath to new members and preside over the first sitting until a permanent Speaker is elected.
Exam Angle
The constitutional mandate for MLAs to take an oath before assuming office is a fundamental aspect of parliamentary procedure, ensuring adherence to democratic principles and the rule of law.
PYQ Connection
PRELIMS_FACT|COMPARISON_TRAP: [Constitutional articles for oath, administering authority, schedule for forms of oath]