Administration of Oath in Legislature

In Context

• Pushkar Singh Dhami took oath as the 11th Chief Minister of Uttarakhand .

About

• An oath of office is an oath or affirmation a person takes before assuming the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organisations.
  • Such oaths are often required by the laws of the state, religious body, or other organisation before the person may actually exercise the powers of the office or organisation.
• Third Schedule: It requires the taker of the oath to either “swear in the name of God” or to “solemnly affirm” to “bear true faith and allegiance to the Constitution”.
• Article 164(3): “Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
• Article 164: makes it clear that the text of the oath is sacrosanct, and the person taking the oath has to read it out exactly as it is, in the given format.
  • If a person wanders from the text, it is the responsibility of the person administering the oath to interrupt and ask the person being sworn in to read it out correctly.
• Role of the Governor: The Governor’s approval is the key.
  • If the person administering the oath approves the oath, the matter is closed.
  • Immediately on taking the oath, the person who has been sworn in, must sign a register.
  • The register is attested by the Secretary to the Governor, which means it has been approved by the Governor.
  • Once the Governor takes it as read, and the Secretary to the Governor has attested that the oath has been administered, and the gazette notification has come out, then it is no longer an issue, it cannot be legally challenged.

Source:IE