📜 Article 188 of the Indian Constitution
Title: Oath or Affirmation by Members of the State Legislature
🔹 Text Summary:
Article 188 mandates that every person elected or nominated to either House of the State Legislature (Legislative Assembly or Legislative Council) must take an oath or affirmation before taking their seat.
📌 Key Points:
| Aspect | Details |
|---|---|
| ✅ Who must take it | Every elected or nominated member of: |
| — Legislative Assembly (Vidhan Sabha) | |
| — Legislative Council (Vidhan Parishad) | |
| ✅ Before whom | Must be taken before the Governor or a person appointed by the Governor for this purpose. |
| ✅ What if not taken | If a member does not take the oath, they cannot sit or vote in the House. |
📜 Oath Format:
The form of the oath or affirmation is laid down in the Third Schedule of the Constitution.
Example:
“I, [Name], having been elected/nominated a member of the Legislative Assembly/Council, do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India…”
⚠️ Important Note:
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Until the oath is taken:
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The member cannot participate in legislative proceedings.
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They cannot vote, even if present.
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This ensures constitutional loyalty and legal validity of participation.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 84(c) | Oath by MPs (Lok Sabha/Rajya Sabha) |
| 99 | Oath by Members of Parliament |
| 188 | Oath by Members of State Legislature |
| 193 | Penalty for sitting/voting without taking oath |
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