The Constitution of India
Article 99
Oath or affirmation by members
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.
Why this exists
This Article ensures that every person entering Parliament formally and publicly commits to upholding the Constitution and the sovereignty and integrity of India before they can exercise any powers or privileges of membership. It borrows from parliamentary traditions in Britain and other democracies, where oaths mark the formal, legal transition from 'candidate' to 'member' and act as a check that only those willing to affirm loyalty to the constitutional order can participate in lawmaking.
How courts read it
Courts have generally held that taking the oath is a mandatory precondition to functioning as an MP — a member cannot vote, speak, or draw allowances until they take it. Disputes have arisen over how the oath is administered (for example, whether reciting it with added words, gestures, or objections invalidates it), and courts and presiding officers have had to decide whether such variations amount to a refusal to take the oath in the form prescribed by the Third Schedule, which would be a serious matter since an unqualified oath can affect a member's ability to sit and vote.
Common misconceptions
- Myth: Winning an election automatically makes someone a full member of Parliament with all rights and powers.
Fact: A person must first take the oath or affirmation under Article 99 before they can sit, vote, or participate in Parliament's proceedings. - Myth: Members can choose any wording they like for the oath.
Fact: The oath or affirmation must follow the exact form set out in the Third Schedule of the Constitution.