The swearing-in ceremony of newly-elected MPs in the current Lok Sabha was, perhaps, the most animated and vocal in history, with several MPs raising slogans such as 'Jai Hind', 'Jai Constitution', 'Jai Shri Ram', ‘Jai Hindu Rashtra’, ‘Jai Bhim’ and 'Jai Palestine" after taking their oaths on 24 and 25 June. Despite pro-tem Speaker Bhartruhari Mahtab urging members to adhere to the prescribed format, these instructions were ignored.
So, does raising a slogan during the swearing-in ceremony break any law?
Article 99 of the Constitution clearly states that members of Parliament must take the oath as specified in the Third Schedule before assuming office. The Third Schedule of the Constitution specifies the oath for ministers and MPs, and legal experts point out that the mandate only says MPs should necessarily take the prescribed oath.
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During this session itself, Kerala MP Premachandran pointed out that the oath should be confined to the Third Schedule of the Constitution, and the Speaker reiterated that only the oath-taking was being recorded. After the matter was highlighted by Premachandran, the Speaker again instructed the MPs to avoid invoking anything other than the oath or the affirmation.
The issue has come into focus again after news reports stated that Lok Sabha Speaker Om Birla had amended the oath-taking rules for MPs, prohibiting them from adding any remarks during their oath as members of the House. This change comes in response to many members resorting to slogans as they took their oaths for the 18th Lok Sabha on 24 and 25 June.
A new clause has been added to ‘Direction 1’ within the ‘Directions by the Speaker’, stating that a member shall take and subscribe to the oath or affirmation without using any words or expressions as prefixes or suffixes to the prescribed form.
The slogans sparked a war of words between the treasury and Opposition benches on 24 and 25 June.
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