With reference to the oath and affirmation of members in the Indian Parliament, consider the following statements:
1. Third schedule of the constitution contains the oath of members along with the President of the country.
2. A person is liable to a penalty of ?500 for each day he sits or votes as a member in a house before taking and subscribing to the prescribed oath or affirmation.
Which of the statements given above is/are correct?
Both 1 and 2
Incorrect AnswerNeither 1 nor 2
Incorrect AnswerExplanation:
Oath and Affirmation o Every member of either House of Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation given in the third schedule before the President or some person appointed by him for this purpose. In his oath or affirmation, a member of Parliament swears: ? to bear true faith and allegiance to the Constitution of India; ? to uphold the sovereignty and integrity of India; and ? to faithfully discharge the duty upon which he is about to enter. o The oath of the president is under Article 60 and not a part of the third schedule. Hence, statement 1 is not correct. • Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible for parliamentary privileges and immunities. • A person is liable to a penalty of ?500 for each day he sits or votes as a member in a House in the following conditions: o Before taking and subscribing to the prescribed oath or affirmation; or Hence, statement 2 is correct. o When he knows that he is not qualified or that he is disqualified for its membership; or o When he knows that he is prohibited from sitting or voting in the House by virtue of any parliamentary law.
By: Parvesh Mehta ProfileResourcesReport error