18th Lok Sabha Session, MPs oath taking

GS Paper II Indian Polity and Governance

Members of the 18th Lok Sabha have taken oath recently.

A Pro-tem speaker is chosen for the conduct of the house when the Lok Sabha and legislative assemblies have been elected and the vote for the speaker and deputy speaker has not taken place.
The Constitution does not expressly use the term ‘Pro-tem Speaker’.
Duties:
- Presiding over the first sitting of the Lok Sabha/ State Legislative Assemblies.
- Administering the oath of office to the newly elected MPs/MLAs.
- Conducting the floor test to prove the government’s majority.
- Holding the vote to elect the speaker and deputy speaker

Bhartruhari Mahtab will be the first one to take the oath of a Lok Sabha MP in front of President
The President has entrusted him with the duties of the Speaker (pro tem) under Article 95(1) of the Constitution till the election of the new Speaker.
- As per convention, a senior most member will be appointed as the pro tem speaker with the agreement of assembly members, who then carry on the activities until the permanent speaker is chosen.

Significance Of Parliamentary Oath

Winning the election and starting the term does not automatically allow an MP to participate in House proceedings.
Article 99: To debate and vote in Lok Sabha, an MP has to take her seat in the House by making and subscribing to an oath or affirmation prescribed in the Constitution .

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
MPs are eligible for certain rights as elected representatives.
- For example, they start receiving their salary and allowances from the date of ECI notification.

Article 104: Constitution also specifies a financial penalty (the only one in the document) of Rs 500 if a person participates or votes in House proceedings without taking an oath
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.

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.
For example, in June 2019, during the oath-taking for the last Lok Sabha, Atul Kumar Singh, MP from Ghosi in Uttar Pradesh, was in jail for serious criminal charges.
The court allowed him to take oath in Parliament in January 2020

GOD Or CONSTITUTION: Dr B R Ambedkar argued for the person taking the oath solemnly and sincerely promises to bear true faith and allegiance to the Constitution
- K T Shah and Mahavir Tyagi moved amendments to add God to the oath.
Sixteenth Amendment Act, 1963: Last change in the oath . It added that the oath-takers would uphold India’s sovereignty and integrity
The amendment was made on the recommendations of the National Integration Council.
Oaths and affirmations are a matter of personal choice for MPs: In the last Lok Sabha, 87% of MPs swore in the name of God, and the other 13% affirmed their allegiance to the Constitution.
Languages: MPs can subscribe to the oath or affirmation in English or any of the 22 languages specified in the Constitution.

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