MPs term and oath

Source– This post on MPs term and oath has been created based on the article “18th Lok Sabha session begins today: How do MPs take oath? What happens if an MP is in jail?” published in “Indian Express” on 24 June 2024.

Why in the news?

The 18th Lok Sabha’s first session will start on Monday. Before the House begins its legislative work, the newly elected Members of Parliament (MPs) must take the oath as provided in the Constitution.

About the term of a Lok Sabha MP

1. Lok Sabha MP’s Term: The five-year term of a Lok Sabha MP begins when the Election Commission of India (ECI) declares the results according to Section 73 of the Representation of the People Act, 1951.

2. From that day onward, MPs are eligible for certain rights as elected representatives.

3. The start of their term means that if MPs change their party allegiance, their political party can ask the Speaker to disqualify them from Parliament under the anti-defection law.

4. Requirements for an MP to Participate in Lok Sabha:

i) Winning the election and starting the term does not automatically allow an MP to participate in House proceedings.

ii) To debate and vote in Lok Sabha, an MP must take a seat in the House by making and subscribing to an oath or affirmation as prescribed in the Constitution (Article 99).

iii) The Constitution specifies a financial penalty of Rs 500 if a person participates or votes in House proceedings without taking the oath (Article 104). This is the only financial penalty mentioned in the Constitution.

5. Exception: An individual can become a minister without being elected to Parliament. They have six months to secure a seat in either Lok Sabha or Rajya Sabha. During this time, they can participate but not vote in House proceedings.

About Parliamentary oath

1. The text of the parliamentary oath is found in the third schedule of the Constitution.

2. Before taking the oath, MPs must submit their election certificate to the Lok Sabha staff. This requirement was introduced after a 1957 incident where a mentally unsound individual posed as an MP and took the oath.

3. Once verified, MPs can take the oath or affirmation in English or any of the 22 languages specified in the Constitution. Approximately half of the MPs take their oath in Hindi or English. Sanskrit has also become a popular choice in recent Lok Sabhas.

4.  MPs must use the name mentioned in their election certificate and adhere to the exact text of the oath.

5. MPs can choose between swearing in the name of God or making a solemn affirmation.

6. The Constitution specifies that if an MP does not attend Parliament for 60 days, their seat can be declared vacant. Courts have used this ground to allow MPs in jail to take an oath in Parliament.

UPSC Syllabus: Polity and nation