18TH LOK SABHA SESSION BEGINS

TAG: GS 2: POLITY

THE CONTEXT: The 18th Lok Sabha session begins, marking the commencement of the legislative duties of newly elected Members of Parliament (MPs).

EXPLANATION:

• The process of oath-taking is crucial as it enables MPs to officially participate in House proceedings.

Beginning of the Term for an MP

• The five-year term of a Lok Sabha MP begins the day the Election Commission of India (ECI) declares the election results, as per Section 73 of the Representation of the People Act, 1951.
• From this date, MPs are entitled to their salary and allowances.
• However, to actively participate or vote in the Lok Sabha, MPs must first take an oath or affirmation.

Significance of the Parliamentary Oath

• While the term of an MP starts with the ECI’s declaration, participating in the Lok Sabha proceedings requires an oath or affirmation as prescribed in the Constitution (Article 99).
• Without taking the oath, MPs cannot debate or vote in the House.
• A financial penalty of Rs 500 is imposed if an MP participates or votes without taking the oath (Article 104).

Parliamentary Oath: Text and Evolution

• The oath’s text, found in the Constitution’s third schedule, reads: “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.”
• Originally, the draft Constitution did not include an invocation of God.
• However, amendments added this option to accommodate personal beliefs, providing liberty for those who prefer to solemnly affirm.
• The latest significant change came with the Constitution (Sixteenth Amendment) Act, 1963, adding the commitment to uphold India’s sovereignty and integrity.

Process of Oath Taking in Lok Sabha

• Before taking the oath, MPs must submit their election certificate to the Lok Sabha staff, a safeguard introduced after an incident in 1957 when a mentally unsound individual posed as an MP and took the oath.
• MPs can take their oath in English or any of the 22 languages specified in the Constitution.
• The names used must match those on the election certificates, and any deviation is not recorded officially.
• The oath or affirmation is a personal choice.
• In recent Lok Sabhas, most MPs have sworn in the name of God, while a smaller percentage have affirmed their allegiance to the Constitution.
• Some MPs have chosen different methods in different terms.

Role of the Speaker Pro Tem

• Bhartruhari Mahtab, elected for the seventh consecutive time from Cuttack, Odisha, has been appointed the Speaker pro tem by the President under Article 95(1) of the Constitution.
• He will preside over the House as MPs take their oath.

MPs in Jail: Oath Taking Procedure

• The Constitution mandates that if an MP does not attend Parliament for 60 days, their seat can be declared vacant.
• Courts have used this provision to allow MPs in jail to take their oath.
• For instance, Atul Kumar Singh, an MP from Ghosi in Uttar Pradesh, was allowed by the court to take his oath in January 2020 while he was in jail on serious criminal charges.

FOR FURTHER INFORMATION, KINDLY REFER TO THE DNA ARTICLE OF 20^TH JUNE 2024.

SOURCE: https://indianexpress.com/article/explained/oath-taking-in-lok-sabha-9410598/