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INTRODUCTION
During the oath-taking ceremony of the new government, the Chief Minister of Maharashtra with other ministers has altered the oath by invoking the names other than mentioned in the Constitution.
CONSTITUTIONAL PROVISIONS
- Article 164(3) : It states that before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out in the Third Schedule.
(i) Article 164 makes it clear that the text of the oath is sacrosanct, and the person taking the oath has to read it out exactly as it is, in the given format. - Third Schedule : It requires the taker of the oath to either “swear in the name of God” or to “solemnly affirm” to “bear true faith and allegiance to the Constitution”.
- Role of the Governor : If a person wanders from the text of the oath, it is the responsibility of the person administering the oath — in this instance, the Governor — to interrupt and ask the person being sworn in to read it out correctly.
(i) Once Governor takes it as read, and the Secretary to the Governor has attested that the oath has been administered, it cannot be legally challenged.
INSTANCES OF DEVIATION
- In 1990, the oath by Devi Lal as Deputy Prime Minister was challenged as being unconstitutional as the Constitution provides for the provisions of Prime Minister and ministers' oath only.
(i) The Supreme Court upheld the oath as valid and stated that describing a person as Deputy Prime Minister is descriptive only and such description does not confer on him any powers of Prime Minister.
(ii) It also ruled that the description of a minister as Deputy Prime Minister or any other type of ministers such as minister of state or deputy minister of which there is no mention in the Constitution does not vitiate the oath taken by him so long as the substantive part of the oath is correct. - In 2012, Azam Khan (then a member of Uttar Pradesh Legislative Assembly) had to retake his oath after he skipped the oath of office of a cabinet minister, and only took the oath of secrecy.
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FAQs on Oath Taken by Ministers - Indian Polity for UPSC CSE
| 1. What is the purpose of the oath taken by ministers? |  |
Ans. The purpose of the oath taken by ministers is to formalize their commitment to uphold the responsibilities of their office, serve the public interest, and adhere to the principles and values of their country's constitution.
| 2. What does the oath taken by ministers symbolize? | |
Ans. The oath taken by ministers symbolizes their dedication to their duties, their loyalty to the constitution and the government, and their promise to act in the best interest of the public they serve.
| 3. What are the key elements of the oath taken by ministers? | |
Ans. The key elements of the oath taken by ministers usually include a pledge to faithfully execute their duties, to maintain confidentiality, to act with integrity, to serve the citizens without bias or discrimination, and to protect and uphold the constitution.
| 4. Are there any consequences for ministers who violate their oath? | |
Ans. Yes, there can be consequences for ministers who violate their oath. Depending on the severity of the violation, consequences may include legal actions, removal from office, loss of public trust, and damage to their political career.
| 5. Is the oath taken by ministers the same in every country? | |
Ans. No, the oath taken by ministers can vary from country to country. While the general principles and values remain similar, the specific wording and content of the oath may differ based on each country's legal and constitutional framework.
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