In recent news, the oath-taking ceremony of the newly elected government has become a topic of debate. Specifically, the Maharashtra Chief Minister and other ministers have altered the oath by invoking names not mentioned in the Constitution. This deviation from the prescribed text raises questions about the sanctity of the constitutional provisions for oath-taking.
Constitutional Provisions for Oath Taking
Article 164(3) in the India’s Constitution stipulates that before a Minister assumes office, the Governor must administer the oaths of office and secrecy according to the formats outlined in the Third Schedule. Clarity is provided by Article 164 stipulating that the oath text is sacrosanct – it must be read verbatim as provided, without deviations.
The Third Schedule further deepens this understanding by mandating the oath taker to either “swear in the name of God” or make a “solemn affirmation” of true faith and allegiance to the Constitution. Deviation from the text is not only unexpected but also puts the responsibility on the Governor to ensure correct recitation.
The Role of the Governor in Oath-Taking
The Governor plays an essential role in the oath-taking process. If a person deviates from the standard text of the oath, it falls upon the Governor, who administers the oath, to intervene. The individual taking the oath must be prompted to recite it correctly. Once the Governor confirms the oath and the Secretary to the Governor authenticates its administration, the oath remains unchallengeable legally.
Schedule Overview and Roles
It’s worthwhile to understand the different Schedules in the Constitution and their roles:
| Schedule Number | Subject Matter |
|---|---|
| First Schedule | Names of the States and Union Territories with their territorial jurisdiction. |
| Second Schedule | Provisions relating to emoluments, allowances, privileges. |
| Third Schedule | Forms of Oaths or Affirmations. |
| Fourth Schedule | Allocation of seats in Rajya Sabha for states and union territories. |
Past Instances of Oath Deviation
Instances of oath deviation are not unprecedented. In 1990, Devi Lal’s oath as Deputy Prime Minister faced challenges on constitutional grounds. Notably, the Constitution only specifies provisions for the Prime Minister and ministers’ oath. However, the Supreme Court upheld the oath as valid, stating that a ‘Deputy Prime Minister’ title is descriptive only and doesn’t confer any Prime Ministerial powers.
Moreover, in 2012, Azam Khan, a member of the Uttar Pradesh Legislative Assembly, had to retake his oath. He had skipped the oath of office of a cabinet minister and only took the oath of secrecy initially.
Last Modified: February 6, 2024