Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the functioning of the government and its various institutions. It consists of several articles, each addressing different aspects of governance and the rights and responsibilities of individuals. One such important article is Article 188, which deals with the oath or affirmation to be taken by members of the Indian Parliament and state legislatures.

Background

Article 188 is part of the larger framework of the Constitution that outlines the procedures and protocols to be followed by members of the legislature. The article is derived from the provisions of the Government of India Act, 1935, which served as a basis for the drafting of the Indian Constitution.

The purpose of Article 188 is to ensure that members of the legislature are bound by a solemn oath or affirmation to uphold the Constitution and discharge their duties faithfully. This oath or affirmation serves as a reminder of their responsibilities and obligations towards the nation and its people.

Text of Article 188

Article 188 of the Indian Constitution states:

"Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule."

The Third Schedule of the Indian Constitution contains the prescribed form of oath or affirmation that members are required to take. The form is as follows:

"I, A.B., 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, that I will faithfully discharge the duty upon which I am about to enter, and that I will do right to all manner of people in accordance with the Constitution and the law, without fear or favor, affection or ill-will."

It is important to note that members have the option to either swear in the name of God or make a solemn affirmation, depending on their personal beliefs or religious practices.

Significance

The oath or affirmation taken by members of the legislature holds immense significance in the Indian democratic system. It serves as a symbolic act of commitment to the principles and values enshrined in the Constitution. By taking the oath or making the affirmation, members publicly declare their dedication to upholding the sovereignty, integrity, and democratic ideals of the nation.

The oath or affirmation also acts as a reminder to members of their duty to faithfully discharge their responsibilities towards the people they represent. It serves as a moral and ethical compass, guiding their actions and decisions in the legislature.

Furthermore, the oath or affirmation helps in maintaining the independence and impartiality of the members. By pledging to do right to all manner of people without fear or favor, affection or ill-will, members commit themselves to act in the best interest of the nation and its citizens, rather than being influenced by personal biases or external pressures.

Enforcement

Article 188 also specifies the process by which the oath or affirmation is to be taken. Members of Parliament are required to make and subscribe to the oath or affirmation before the President or a person appointed by the President. Similarly, members of state legislatures take the oath or affirmation before the Governor or a person authorized by the Governor.

The oath or affirmation is usually administered in a formal ceremony, where members individually take their oath or affirmation in the presence of the designated authority. This ceremony is often conducted at the beginning of a new session of Parliament or the state legislature.

Failure to take the oath or affirmation as required by Article 188 may have consequences for the member. It may result in disqualification from holding the office or seat in the legislature, as prescribed by the relevant laws or rules.

Conclusion

Article 188 of the Indian Constitution highlights the significance of the oath or affirmation taken by members of the Parliament and state legislatures. It emphasizes the commitment of these elected representatives to uphold the Constitution, serve the nation, and work for the welfare of the people.

The oath or affirmation acts as a guiding principle for members, reminding them of their duties and responsibilities towards the nation and its citizens. It helps in maintaining the integrity and impartiality of the legislature, ensuring that members act in the best interest of the nation.

By upholding the principles enshrined in Article 188, members of the Indian Parliament and state legislatures contribute to the smooth functioning of the democratic system and the preservation of constitutional values.