Introduction

Article 99 of the Indian Constitution deals with the oath or affirmation that members of Parliament and state legislatures are required to take before assuming their office. This article plays a crucial role in ensuring the commitment of elected representatives towards upholding the Constitution and serving the interests of the people.

Background

The framers of the Indian Constitution recognized the significance of a solemn commitment from elected representatives to the principles and values enshrined in the Constitution. The oath or affirmation serves as a symbolic gesture of loyalty to the Constitution and the nation. It also acts as a reminder of the responsibilities and duties that come with holding public office.

Provisions of Article 99

Article 99 states that every member of Parliament and every member of a state legislature shall, before taking their seat, make and subscribe to an oath or affirmation according to the form set out in the Third Schedule of the Constitution. The Third Schedule provides the exact wording of the oath or affirmation in both Hindi and English.

The Oath

The oath prescribed in the Third Schedule for members of Parliament is as follows:

"I, A.B., having been elected (or nominated) a member of Parliament 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."

The oath for members of state legislatures is similar, with the necessary changes in reference to the respective state instead of India.

Importance of the Oath

The oath or affirmation is not merely a ceremonial act; it holds immense significance in the functioning of a democratic nation like India. Here are some key reasons why the oath is important:

1. Commitment to the Constitution: By taking the oath, members of Parliament and state legislatures commit themselves to upholding the Constitution, which is the supreme law of the land. This ensures that they work within the framework of the Constitution and respect its principles and values.
2. Accountability and Responsibility: The oath serves as a reminder to elected representatives that they are accountable to the people who have elected them. It emphasizes the responsibilities and duties they have towards their constituents and the nation as a whole.
3. Preservation of Democracy: The oath acts as a safeguard against any attempts to undermine or subvert the democratic principles and institutions of the country. It reinforces the commitment of elected representatives towards preserving and strengthening the democratic fabric of the nation.
4. Symbolic Representation: The oath-taking ceremony is a symbolic representation of the democratic process and the transfer of power from the people to their elected representatives. It signifies the trust placed in them by the citizens and the faith they have in the democratic system.

Enforcement and Consequences

Article 99 also provides for the enforcement and consequences of a breach of the oath or affirmation. If a member of Parliament or a state legislature fails to take the oath or affirmation within the prescribed time, their seat may be declared vacant by the respective Speaker or Chairman.

Furthermore, if a member violates the oath or affirmation by engaging in any act that goes against the Constitution or the interests of the nation, they can be subjected to disqualification from their office. The Speaker or Chairman, upon receiving a complaint, can initiate proceedings for disqualification under the provisions of the Tenth Schedule of the Constitution.

Conclusion

Article 99 of the Indian Constitution highlights the importance of the oath or affirmation taken by members of Parliament and state legislatures. It serves as a solemn commitment towards upholding the Constitution, preserving democracy, and faithfully discharging the duties of public office. The oath represents the trust and faith placed in elected representatives by the people of India, and it plays a crucial role in ensuring accountability, responsibility, and the adherence to democratic principles.