Article 188 of Constitution of India – Oath or affirmation by members

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Article 188 of Constitution of India deals with Oath or affirmation by members

Original Text of Article 188 of Constitution of India

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, 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.

Questions related to Article 188 of Constitution of India

1. What does Article 188 of the Indian Constitution state?

Article 188 requires that every member of the State Legislature must make an oath or affirmation before taking their seat, as per the format provided in the Third Schedule of the Constitution of India.

2. Who administers the oath under Article 188?

The oath is typically administered by the Governor or a person appointed by the Governor for that purpose, following the norms laid out in the Articles of Indian Constitution.

3. What happens if a member doesn’t take the oath or affirmation?

If a member doesn’t take the oath, they cannot participate in the Legislature’s proceedings or draw any salary, as upheld in various cases discussed on Indian Kanoon.

4. Is there a prescribed format for the oath under Article 188?

Yes, the exact format is specified in the Third Schedule of the Indian Constitution, and it must be followed strictly to ensure validity.

5. Can the oath be challenged legally if not done properly?

Yes, improper administration or format of oath may be subject to judicial review, and such issues have been interpreted in cases available on Indian Kanoon related to Article 188.

For Further Reference:

Other Related Links:

Indian Constitution: All Articles and schedulesArticle 2 of Indian Constitution
Article 3 of Indian ConstitutionArticle 4 of Indian Constitution
Article 5 of indian ConstitutionArticle 6 of Indian Constitution
Article 7 of Indian ConstitutionArticle 8 of Indian Constitution
Article 9 of Indian ConstitutionArticle 10 of Indian Constitution
Article 11 of Indian ConstitutionCitizenship

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