Context: As the newly elected 18th Lok Sabha convenes, Protem Speaker will preside over the House as the other members of the House take oath or affirmation as prescribed in the third schedule of the Constitution.
Oath taking of MPs Explained
Constitutional Position of Protem Speaker:
- According to the Article 95 (1) of the Constitution, if both the office of Speaker and Deputy Speaker are vacant, the duties of the office of Speaker shall be performed by such member of the House of People as the President may appoint for the purpose.
- Since in a newly elected Parliament, the first duty is to enable the newly elected MPs to take an oath or affirmation only after which MPs can starting voting or taking part in the proceedings of the House.
- Protem speaker takes an oath in front for the President. Protem Speaker enables MPs to take an oath as member of the Lok Sabha. Protem Speaker acts as the representative of the President for facilitating such oath.
Term of an MP
- According to the Section 73 of Representative of Peoples Act, 1971, For a newly elected Lok Sabha or Legislative Assembly of a State, the term of the MPs starts after the notification of election results by the Election Commission.
- From this day, MPs are eligible to certain rights such as salaries and allowances. The Anti-defection law also comes into force which means with MPs change their party membership, whips can be issued by the Speaker of the House.
- However, till the time until an oath is taken by the members, he or she cannot vote, speak or take part in the proceedings of the House.
Constitutional position of Oath or affirmation of MPs
- Article 99 (Oath or Affirmation by members): According to Article 99 of the Constitution, every member of either House of Parliament (Lok Sabha & Rajya Sabha) shall before taking his seat, make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation, as given in the Third Schedule of Constitution.
- Thus, all MPs before taking a seat in the House must take an oath as prescribed in the Third Schedule of the Constitution.
- Article 104 (Penalty for sitting and voting before making oath or affirmation under Article 99): Constitution prescribes a penalty of five hundred rupees to be recovered as a debt to the Union, if a person sits or votes as a member of either House of Parliament before he has complied with requirements under Article 99.
- Form of oath or affirmation to be made by a member of Parliament --
'I, A/B, having been elected (or nominated) a member of the Council of States (or House of People) do swear in the name of God (or 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'.
- Before taking the oath or affirmation, MPs must submit their election certificate to the Lok Sabha secretariat for verification. After the verification, MPs can subscribe to the oath or affirmation in English or any of the 22 languages listed in the 8th Schedule of the Constitution. MPs must use their name as mentioned in the Election Certificate and adhere to the text of the oath or affirmation.
- Exception to the above rule: An individual can become a minister without being elected to Parliament. Constitution prescribes a period of 6 months for a MP to secure a seat in either Lok Sabha or Rajya Sabha. During this time, the Minister can participate but not vote in House proceedings.
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