Actual Article
Article 188: Oath or affirmation by members
Before a member of the Legislative Assembly or Legislative Council of a State begins to perform his duties, he shall 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.
UPSC Notes for Article 188
Explanation:
- Requirement of Oath or Affirmation:
- This article mandates that every member of the Legislative Assembly or Legislative Council of a state must make an oath or affirmation before starting their duties. This is a formal pledge to uphold the Constitution and serve the state faithfully.
- Procedure for Oath:
- The oath or affirmation is made before the Governor or a person appointed by the Governor. This ensures that the commitment to uphold constitutional values is witnessed and validated by the highest executive authority in the state or their designate.
Key Points:
- Foundation of Duties: The oath or affirmation is a foundational act for members, symbolizing their commitment to the principles of the Constitution and their roles as representatives of the people.
- Legal and Ethical Obligation: Making the oath or affirmation is not only a legal requirement but also sets the ethical standards expected of the members during their term.
Important Cases and Commissions Related to Article 188
Cases:
- No specific landmark cases interpreting Article 188 have been identified, as it generally pertains to the ceremonial start of a member’s duties, which is straightforward in application.
Commissions:
- Administrative Reforms Commission: Although not directly commenting on Article 188, has addressed issues of ethical standards and conduct for public officials, supporting the values underpinning this article.
Previous Year Prelims Questions Related to Article 188
- (UPSC Prelims 2016) What is required of all members of the state legislatures before they start performing their duties?
- A. Election by the majority party
- B. A security clearance
- C. An oath or affirmation of office
- D. A minimum number of supporters in the legislature Correct Answer: C. An oath or affirmation of office
- (UPSC Prelims 2018) Who administers the oath to members of the State Legislative Assembly or Council?
- A. The Chief Justice of the High Court
- B. The Governor
- C. The President
- D. The Chief Minister Correct Answer: B. The Governor
Previous Year Mains Questions Related to Article 188
- Mains 2016: “Discuss the importance of the oath or affirmation taken by members of the state legislatures as per Article 188. How does this oath serve as a cornerstone for their duties?”
- Mains 2019: “Evaluate the significance of the procedural aspects of Article 188 in establishing the ethical framework for members of state legislatures.”
Additional Insights:
- Symbolic and Practical Significance: The oath under Article 188 holds both symbolic and practical significance, representing a formal commencement of a legislator’s commitment to uphold the democratic values and duties entrusted by the Constitution.
- Foundation of Accountability: This procedure establishes the foundation for accountability and ethical governance, reminding members of their responsibilities and the trust placed in them by the electorate.
Understanding Article 188 is crucial for UPSC aspirants as it highlights the formal procedures that initiate the responsibilities of state legislature members, emphasizing the importance of constitutional fidelity and ethical governance. This knowledge is essential for both preliminary and main examinations, providing insights into the constitutional mechanisms that ensure the integrity of legislative functions.