Winning Bizness Desk
Mumbai. Narendra Modi took oath as Prime Minister for the third time on Sunday along with 71 other ministers, including 30 cabinet ministers, 36 ministers of state and 5 ministers of state with independent charge. Two ministers from TDP's quota have been included in Modi cabinet. During oath taking, all ministers take oath in the name of God. During oath taking, the minister says, I (name) swear in the name of God that I will abide by the Constitution of India as established by law... This is how the oath of ministers is completed. The Prime Minister also takes oath in the same way. But on Sunday, when TDP MP Chandrasekhar Pemmasani took oath, his words were different from other ministers. He did not say that I swear in the name of God. Chandrasekhar Pemmasani did not use the word Ishwar or God in his oath. Doctor turned politician Pemmasani took the oath of ministership in English. He said, I Dr. Pemmasani Chandrashekhar do Solemnly affirm that I will bear true faith and allegiance to the constitution of India… i.e. Pemmasani did not use the word God. After the oath, a discussion started whether the oath can be taken without taking the name of God? Will this oath be considered complete? Notably, Chandrasekhar Pemmasani, TDP MP elected from Guntur in Andhra Pradesh, is the richest MP of India. As per his election affidavit, his net worth is Rs 5705 crore.
What is the rule?
Legal and constitution experts say that two ways of taking oath have been mentioned in the constitution. The first is in the name of God. The second is in the name of integrity. Even the affidavit used in the petition filed in the court is written. In this way, oath can be taken in either of the two ways in the oath taking ceremony of the government and it will be considered complete. Usually, such things come to the fore in the case of those who do not believe in God, i.e., are atheists. Many times the matter has also been raised that the format of oath in the country should be changed.
Did the matter of the format of oath reach the court?
According to the provisions of the Oath Act-1969, a person can either take an oath in the name of God or swear to speak the truth while giving testimony in the court or while filing an affidavit or any other application before the court. In 2017, a case related to this reached the Bombay High Court, then an appeal was made to change the oath. This petition was filed by Sunil Mane. In the petition, it was said to include a third option besides God and speaking the truth. It was said that permission should be given to take oath in the name of the Constitution of India. While hearing this case, the bench dismissed the petition. The judges had argued that it is up to the MPs to decide whether taking oath in the name of the Constitution of India can be allowed or not, and such an instruction cannot be given by the court.
