Oath or Affirmation by Members of Parliament

Oath of members of Parliament is the formal declaration every person elected or nominated to the Lok Sabha or the Rajya Sabha must make before they can take their seat, as required by Article 99 of the Constitution. The requirement applies uniformly to every member of either House and is tied to a specific form set out in the Third Schedule, making it a precondition rather than a ceremonial formality.

Constitutional Basis: Article 99

Article 99 provides that every member of either House of Parliament shall, before taking his seat, make and subscribe before the President — or some person appointed by the President for this purpose — an oath or affirmation according to the form set out in the Third Schedule. Two elements stand out: first, the oath must be made before the President or the President's nominee, not before the presiding officer of the House; second, it is a precondition to taking the seat, not something that can be completed afterward at the member's convenience.

In practice, the President appoints someone for this purpose for newly elected members, since the President cannot personally administer the oath to every member of a large House.

The Third Schedule Form

The Third Schedule to the Constitution lays down the prescribed forms of oaths and affirmations for a range of constitutional offices — including Union Ministers, candidates for and members of Parliament, State Ministers, members of a State Legislature, and Judges of the Supreme Court and the High Courts. The form used for Article 99 is the one specifically set out for parliamentary candidates and members, distinguishing it from the separate forms used for ministers or judges even though all are grouped in the same Schedule.

Link to Qualification for Membership

Article 84, which lays down the qualifications for membership of Parliament, requires a person to be a citizen of India, to be not less than 25 years of age for the House of the People and not less than 30 years for the Council of States, and to possess such other qualifications as Parliament may prescribe by law. The oath obligation under Article 99 operates alongside this qualification framework and draws on the same Third Schedule — a duly elected person who satisfies Article 84 must still complete the Article 99 oath before actually functioning as a member.

Consequence of Not Taking the Oath: Article 104

Article 104 supplies the enforcement mechanism: it penalises a person for sitting or voting as a member of either House before making the oath or affirmation required under Article 99, or while otherwise not qualified, or while disqualified from membership. This makes clear that the oath is not a mere formality but a legal condition for exercising the functions of a member — sitting or voting without first taking it attracts a penalty.

Parallel Provision for State Legislatures

The Union-level requirement under Article 99 has a direct counterpart at the state level in Article 188, which imposes an identical oath obligation on members of a State Legislature before they take their seat, similarly followed by a corresponding penalty provision for non-compliance.

Significance

By requiring every member to personally subscribe to a constitutionally prescribed oath before the President or the President's nominee, Article 99 formalises each member's individual acceptance of the Constitution as a condition of participating in Parliament's proceedings. It reinforces that membership of the House is not just an electoral outcome but a constitutional undertaking, sitting alongside the substantive qualifications fixed by Article 84.

UPSC Relevance

Prelims: Article 99 requires the oath to be made before the President (or the President's nominee), not the Speaker or Chairman; the prescribed form is in the Third Schedule; Article 104 penalises sitting/voting before taking the oath.

Mains: Useful in discussing constitutional formalities attached to legislative membership, and how Articles 84, 99, and 104 together structure eligibility, the oath requirement, and its enforcement.

FAQ

Before whom does a Member of Parliament take the oath? Before the President of India, or some person appointed by the President for that purpose — not before the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

Where is the form of the oath prescribed? In the Third Schedule to the Constitution, which also contains the oath forms for Union and State Ministers, State Legislature members, and Judges of the Supreme Court and High Courts.

What happens if a member sits or votes without taking the oath? Article 104 penalises a person for sitting or voting as a member before making the Article 99 oath, or while not qualified, or while disqualified.

Is the oath requirement different for the Rajya Sabha and the Lok Sabha? No. Article 99 applies uniformly to every member of either House of Parliament.

Is there an equivalent requirement for State Legislature members? Yes. Article 188 imposes the same oath requirement on members of a State Legislature before they take their seat.

Quick Revision

• Article 99 — every MP must take an oath/affirmation before the President (or nominee) before taking their seat.
• Form of oath prescribed in the Third Schedule.
• Article 104 — penalty for sitting/voting before taking the oath, or when unqualified/disqualified.
• Article 84 — separately lays down qualifications for membership (citizenship, age, other prescribed qualifications).
• Article 188 — identical requirement for State Legislature members.

Sources

• Constitution of India, Articles 84, 99, 104, 188, Third Schedule — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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