Article 99 of the Costitution of India with Case law
Article 99 of the Constitution of India deals with the oath or affirmation by members of Parliament.
🔹 Article 99 – Oath or affirmation by members
Text of Article 99:
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.
🔹 Key Points:
Applicability: This applies to both Lok Sabha and Rajya Sabha members.
Timing: The oath must be taken before taking a seat in the House.
Authority: The oath is made before the President or a person appointed by the President.
Format: The exact wording is specified in the Third Schedule of the Constitution.
Purpose: This ensures loyalty to the Constitution and upholding its principles.
🔹 Relevant Case Laws:
1. M.P. Jain v. Union of India (AIR 1970 SC 563)
Issue: Whether a person who has not taken the oath under Article 99 can function as a member.
Held: A person is not entitled to sit or vote in Parliament unless he has taken the oath as per Article 99.
2. Mohd. Akbar v. Union of India (2020)
Context: Member claimed benefits and exercised functions without taking the oath.
Court’s View: Oath under Article 99 is a mandatory constitutional requirement. Any action taken without taking the oath is invalid.
3. Amarinder Singh v. Punjab Vidhan Sabha (2010)
Though related to state legislature, the principle applies: Oath is essential before assuming legislative functions.
🔹 Third Schedule Oath Format (for MPs):
"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."
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