Membership in Parliament: Rules on Vacancies, Oaths and Compensation- (Part 02)

The provisions regarding the vacation of seats by Members of Parliament, their oaths, and their salaries and allowances are integral to maintaining the legislative framework and ensuring accountability. These rules, outlined in the Indian Constitution and various acts, ensure that members adhere to their responsibilities and uphold the democratic principles of the nation.

Provisions for Membership of Parliament: Vacation of Seats, Oath, and Allowances

Provisions For Vacation Of Seats By A Member Of Parliament ( Article 101(1) )

Oath/affirmation of Members of Parliament

Difference Between Oath and Affirmation

• Oath: An oath is a solemn promise often invoking a divine witness regarding one’s future action or behavior, traditionally seen as a religious commitment. 
• Affirmation: Meanwhile, an affirmation serves the same legal purpose but is secular, chosen typically by individuals who prefer not to swear religiously due to personal beliefs or because they are conscientious objectors to taking religious oaths. 
• Common Purpose: Both are binding promises to uphold the duties of the office, but they cater to different belief systems to ensure inclusivity and respect for individual conscience within the frameworks of public service.

• For example- Dr. Prasad, known to be a deeply religious man had taken an oath as he used to believe in god whereas Dr. Jawaharlal Nehru being secular had taken an affirmation not an oath solemnly affirming to fulfill all the duties. 
  • This way, the difference can be remembered. 
  • This denotes a culture of plurality and inclusiveness in India.

• Requirement for New Members: New members of India’s Parliament must take an oath or affirmation of allegiance before the President of India or a person appointed by him. 

  • In his/her oath or affirmation a member pledges:
    • 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.
• Consequences of Non-Compliance: If a member does not take this oath or affirmation, they cannot be a part of the Parliamentary discussions, they cannot cast a vote, and they are not allowed to enjoy the special rights and protections that come with being a member of Parliament. 
• Penalty for Violation: Moreover, if a person participates in Parliamentary sessions or votes without having taken the oath, or if they do so knowing that they’re not eligible or have been disqualified, or if they’ve been banned from participating according to some Parliamentary law, they’re breaking the rules. 
  • For each day they break these rules, they’re liable to a penalty of  ₹500.

Salaries and Allowances 

Article 106 – Determination of Salaries and Allowances: Article 106 of the Constitution empowers the Parliament to determine the Salaries and allowances of members of both the Houses of Parliament but there is no provision of pension in the Constitution. 

• Provision for Pensions: However, the Parliament has provided pension to the members. 
  • To do so the Parliament enacted the Salaries, Allowances and Pension of Members of Parliament Act, 1954. 
• Constituency Allowances: To provide constituency allowances to MPs, the Parliament has enacted the Members of Parliament (Constituency Allowances) Rules, 1986.
• Article 97 – Salary and Allowances of Parliamentary Officers: Article 97 empowers the Parliament to make provisions for the salary and allowances of the Chairman and Deputy Chairman of the Rajya Sabha and  the Speaker and the Deputy Speaker of the Lok Sabha. 
• Salaries and Allowances of Officers of Parliament Act, 1953: To do so the Parliament enacted  the Salaries and Allowances of Officers of Parliament Act, 1953. Under this act , the Officer of Parliament comprises the four above-mentioned officers.

Conclusion

By establishing clear guidelines for the vacation of seats, the taking of oaths, and the determination of salaries and allowances, the Indian Constitution and subsequent legislative acts create a robust structure for parliamentary governance. 

• These measures uphold the integrity of the Parliament, ensuring that members remain accountable and dedicated to their duties, thereby strengthening the democratic fabric of the country.

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