Answer By law4u team
Constitution Of India Article 188: Oath or Affirmation by Members
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.
Brief Detail
Article 188 mandates that all members of the Legislative Assembly or Legislative Council of a State must take an oath or affirmation before taking their seats. This is done before the Governor or a person appointed by the Governor, in accordance with the form provided in the Third Schedule of the Constitution.
Question & Answers
What is required of members of the State Legislative Assembly or Council before taking their seat?
Before taking their seat, every member must take an oath or affirmation in the form specified in the Third Schedule, and this must be done before the Governor or a person appointed by the Governor.
Where can the oath or affirmation form be found?
The form for the oath or affirmation is set out in the Third Schedule of the Indian Constitution.
Who administers the oath or affirmation to the members?
The oath or affirmation is administered by the Governor or a person appointed by the Governor for this purpose.
Example
For instance, when a new member is elected to the Legislative Assembly of a State, they will need to appear before the Governor or a designated official to take the oath of office. Only after this will they be allowed to take their seat and begin participating in the proceedings of the Assembly or Council.
Summary
Article 188 ensures that members of a State Legislative Assembly or Council formally pledge to uphold the Constitution before taking their seat. This process is conducted in accordance with the form provided in the Third Schedule, ensuring uniformity in the oath or affirmation across all States.
