18th Lok Sabha session begins today: How do MPs take oath? What happens if an MP is in jail?

18th Lok Sabha session begins today: How do MPs take oath? What happens if an MP is in jail?

Sub: Polity

Sec: Parliament

Context:

• THE FIRST session of the 18th Lok Sabha starts today (24 June 2024). Before the House can begin its legislative functioning, the newly elected members will have to take the oath of Members of Parliament (MP), which is provided in the Constitution.

First Session of the 18th Lok Sabha and Parliamentary Oath:

• Commencement and Oath-Taking:
  • Newly elected MPs must take the constitutional oath before legislative work begins.
  • Bhartruhari Mahtab (elected for the seventh consecutive time from Cuttack, Odisha) will be the first to take the oath in front of President Droupadi Murmu.
  • Mahtab will act as Speaker pro tem (under Article 95(1) of the Constitution) until a new Speaker is elected.
• Term of an MP:
  • An MP’s five-year term begins when the Election Commission of India (ECI) declares results, according to Section 73 of the Representation of the People Act, 1951.
  • MPs start receiving salary and allowances from the date of ECI notification, which was June 6 after the 2024 general elections.
  • If MPs change their party allegiance after this date, their political party can request the Speaker to disqualify them under the anti-defection law.
• Significance of Parliamentary Oath:
  • Winning the election and starting the term does not automatically allow an MP to participate in House proceedings.
  • To debate and vote in Lok Sabha, an MP must take the prescribed oath or affirmation under Article 99 of the Constitution.
  • Participating or voting without taking the oath incurs a financial penalty of Rs 500 under Article 104.
  • Ministers can participate but not vote in House proceedings for up to six months without being elected to Parliament.
• Parliamentary Oath Text:
  • Found in the third schedule of the Constitution: “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.”
• Evolution of the Oath:
  • The original draft Constitution did not include God in the oaths.
  • Amendments by K.T. Shah and Mahavir Tyagi added God to the oath, providing liberty for those who do not believe in God to solemnly affirm instead.
  • Dr. B.R. Ambedkar supported these amendments.
  • The Constitution (Sixteenth Amendment) Act, 1963, added a pledge to uphold India’s sovereignty and integrity, based on recommendations from the National Integration Council.
• Oath Taking Process:
  • MPs must submit their election certificate to Lok Sabha staff before taking the oath.
  • Parliament added this safeguard after an incident in 1957 when a mentally unsound individual posed as an MP.
  • MPs can take the oath in any of the 22 languages specified in the Constitution.
  • Roughly half the MPs take their oath in Hindi or English; Sanskrit has also been popular in recent Lok Sabhas.
  • MPs must use the name on their election certificate and adhere to the text of the oath. Deviations are corrected by the presiding officer.
• Special Cases:
  • MPs in jail can be allowed by courts to take the oath to avoid vacating their seat due to non-attendance under constitutional provisions.
  • Example: Atul Kumar Singh, allowed to take the oath in January 2020 while in jail.
• The session begins with these procedures to ensure all MPs are formally inducted and eligible to participate in legislative duties.

Source: IE