Actual Article
Article 99: Oath or affirmation by members
Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, 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 99
Explanation:
- Oath or Affirmation Requirement: Before taking their seat, every member of Parliament must make and subscribe to an oath or affirmation. This oath is a formal declaration of their commitment to uphold the Constitution and perform their duties faithfully.
- Authority to Administer Oath: The oath or affirmation must be made before the President of India or a person appointed by the President for this purpose.
- Form of Oath: The specific form of the oath or affirmation is provided in the Third Schedule of the Constitution.
Key Points:
- Constitutional Commitment: The oath or affirmation binds members of Parliament to uphold the values and principles enshrined in the Constitution.
- Formal Procedure: Ensures that all members formally acknowledge their responsibilities and duties as representatives of the people.
- Legal Requirement: Making and subscribing to the oath is a legal requirement for assuming office, ensuring that all members are duly committed to their roles.
Important Cases and Commissions Related to Article 99
Cases:
- Har Sharan Varma vs. Tribhuwan Narain Singh (1971): This case highlighted the significance of the oath taken by members of Parliament, emphasizing that taking the oath is a constitutional requirement before assuming office.
- Amarinder Singh vs. Spl. Committee, Punjab Vidhan Sabha (2010): Although primarily about state legislatures, this case underlined the importance of the oath or affirmation in maintaining the sanctity of legislative offices.
Commissions:
- Sarkaria Commission: Discussed the importance of the oath in upholding constitutional values and maintaining the integrity of legislative bodies.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to ensure that the oath or affirmation by members of Parliament is taken seriously and adhered to in spirit.
Previous Year Prelims Questions Related to Article 99
- (UPSC Prelims 2014) Before taking his seat in either House of Parliament, every member shall make and subscribe an oath or affirmation before:
- A. The President of India
- B. The Prime Minister of India
- C. The Chief Justice of India
- D. The Governor of the respective State Correct Answer: A. The President of India
- (UPSC Prelims 2019) The oath or affirmation by members of Parliament is provided in:
- A. The First Schedule
- B. The Second Schedule
- C. The Third Schedule
- D. The Fourth Schedule Correct Answer: C. The Third Schedule
Previous Year Mains Questions Related to Article 99
- Mains 2016: “Discuss the significance of the oath or affirmation taken by members of Parliament as provided under Article 99. How does this constitutional requirement ensure the accountability of MPs?”
- Mains 2018: “Analyze the role of the oath or affirmation in maintaining the integrity and responsibilities of members of Parliament. How does Article 99 contribute to upholding the democratic principles of the Constitution?”
Additional Insights:
- Symbol of Integrity: The oath or affirmation is a symbolic act that represents the integrity and commitment of members of Parliament to their duties and the Constitution.
- Uniform Procedure: Ensures that all members, regardless of their background or political affiliation, start their tenure with a uniform commitment to uphold the Constitution.
- Accountability and Responsibility: By making and subscribing to the oath, members are reminded of their responsibilities and are held accountable for their actions as representatives of the people.
Understanding Article 99 is crucial for UPSC aspirants as it highlights the formal process through which members of Parliament commit to upholding the Constitution and performing their duties. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the importance of constitutional commitments within India’s parliamentary system.