Lok Sabha How do MPs take oath? What if an MP is in jail? InNews | Drishti IAS

Drishti IAS

24 Jun 202411:52

Summary

TLDRThis video script discusses the importance of the oath-taking ceremony for newly elected Members of Parliament in India. It explains the process, significance, and legal implications of the oath, including the consequences for MPs who fail to take it as per the Indian Constitution's Article 99 and 104. The script also touches on the MPs' term duration, eligibility to vote, and the unique case of MPs in jail, offering insights into the Indian political system and parliamentary procedures.

Takeaways

🗳️ The grand festival of elections in India, the Lok Sabha elections, is nearing completion.
🏛️ Newly elected MPs will soon take their oaths and become part of parliamentary proceedings.
📝 An important step before the debates is taking the parliamentary oath.
📜 This video will discuss key points about the parliamentary oath process.
⏳ The tenure of a Lok Sabha MP is 5 years, starting from the date of election results declaration.
🗣️ MPs must take an oath as prescribed in Article 99 of the Indian Constitution to participate in parliamentary proceedings.
💵 MPs are entitled to salary and allowances from the day their tenure begins.
📝 The oath format is detailed in the Third Schedule of the Indian Constitution.
⚖️ MPs can take the oath in any of the 22 scheduled languages of the Indian Constitution.
🚫 MPs in jail can be granted bail to take the oath, but must return to jail afterward.

Q & A

What is the main focus of the video discussed in the transcript?
-The video focuses on the process and significance of taking the oath by newly elected members of the Indian Parliament.
Who is the host of the video, and what channel is it featured on?
-The host of the video is Akshay, and it is featured on the Drishti IAS channel.
Where does the oath-taking ceremony for the new MPs begin?
-The oath-taking ceremony for the new MPs begins at the Rashtrapati Bhavan in the presence of the President of India.
Who is the Protem Speaker mentioned in the transcript, and what is his background?
-The Protem Speaker mentioned is Bhratruhari Mahtab, a seven-time MP from Cuttack, Odisha.
According to the transcript, how long is the tenure of a Lok Sabha MP?
-The tenure of a Lok Sabha MP is five years.
What is the significance of taking an oath for MPs as mentioned in the video?
-Taking the oath is significant because it is a constitutional requirement for MPs to participate in parliamentary debates and voting processes. It ensures their eligibility to perform their duties formally.
What can happen if an MP does not take the oath according to Article 104 of the Indian Constitution?
-If an MP does not take the oath, they may be fined ₹500 per day for participating in parliamentary proceedings or voting without taking the oath.
What exception does the Indian Constitution provide regarding non-elected individuals becoming ministers?
-The Indian Constitution allows non-elected individuals to become ministers, but they must get elected to either house of Parliament within six months. During this period, they can participate in parliamentary proceedings but cannot vote.
Where can the format for the parliamentary oath be found in the Indian Constitution?
-The format for the parliamentary oath can be found in the Third Schedule of the Indian Constitution.
Can MPs in jail take the oath, and what provision allows this?
-Yes, MPs in jail can take the oath. Courts may grant them bail for the purpose of taking the oath based on the provision that mandates MPs to attend Parliament within 60 days, failing which their seat may be declared vacant.

Outlines

00:00

🏛️ Introduction to the Importance of Parliamentary Oath

The script discusses the conclusion of the general elections in India and the upcoming swearing-in process for the newly elected Members of Parliament (MPs). It emphasizes the significance of the oath-taking ceremony, which is a mandatory step before MPs can participate in parliamentary proceedings. The video aims to cover important points related to the MPs' term, the importance of the parliamentary oath as per the Indian Constitution, and the process of administering the oath. It also touches on the rules applicable if an MP is in jail and whether they can take the oath, and invites viewers to engage by answering a related question in the comments section.

05:01

📜 The Process and Consequences of Not Taking the Oath

This paragraph delves into the constitutional requirement for MPs to take an oath before they can partake in legislative activities. It mentions the penalties, including a hefty fine, for MPs who fail to take the oath as stipulated by Article 104 of the Indian Constitution. The script also explains the exception for non-elected individuals who can be appointed as ministers, provided they become members of Parliament within six months. However, such ministers cannot vote until they have taken the oath. The paragraph further describes the process of verifying an MP's election certificate before they can take the oath and the languages in which the oath can be administered, reflecting the diversity of languages recognized in the Indian Constitution.

10:02

📖 The Procedure for MPs in Jail and the Constitutional Provisions

The final paragraph addresses the situation of MPs who are in jail and have won an election. It outlines the provisions made by the Supreme Court and High Courts that allow for such individuals to be temporarily released to take the oath of office. The script clarifies that while they can participate in parliamentary proceedings, they cannot vote unless they have taken the oath. It also poses a question to the viewers regarding which constitutional provision imposes penalties for participating in parliamentary proceedings without taking the oath, providing options for them to answer in the comments section. The video concludes with a reminder for viewers to like, share, and subscribe to the channel for more informative content.

Mindmap

Keywords

💡Lok Sabha

Lok Sabha, or the House of the People, is the lower house of India's Parliament. It is a key focus in the video, which discusses the election process, the importance of members taking an oath, and the commencement of their duties. The newly elected members are preparing to start their term, and the video's main theme revolves around this transition.

💡Election Process

The election process refers to the entire procedure of electing members to the Lok Sabha. This includes campaigning, voting, and the announcement of results by the Election Commission. The video highlights the end of the election process and the beginning of parliamentary duties for the elected members.

💡Oath-taking

Oath-taking is a mandatory procedure for all newly elected Lok Sabha members before they can participate in parliamentary activities. The video explains the significance of this step, which involves swearing in either by God or by affirmation as per the Indian Constitution, specifically Article 99.

💡Protem Speaker

The Protem Speaker is a temporary speaker appointed to oversee the oath-taking process of the new members of the Lok Sabha. In this context, the video mentions Brat Hari Mehtab, who will administer the oaths under the presence of the President at the Rashtrapati Bhavan.

💡Article 99

Article 99 of the Indian Constitution mandates that every member of Parliament must take an oath before participating in any parliamentary proceedings. The video emphasizes this legal requirement to underline the importance of the oath-taking ceremony.

💡Article 104

Article 104 outlines penalties for members who participate in parliamentary proceedings without taking the required oath. This article is crucial in the video to highlight the legal consequences and the necessity of the oath-taking process.

💡Member of Parliament (MP)

A Member of Parliament (MP) is an individual elected to the Lok Sabha. The video discusses their term duration, rights, responsibilities, and the importance of taking an oath to officially start their tenure and participate in parliamentary debates and voting.

💡Anti-Defection Law

The Anti-Defection Law prevents elected MPs from switching parties without facing consequences. The video explains that MPs must adhere to this law from the start of their term, and violating it can lead to disqualification from their seat.

💡Constitutional Provisions

Constitutional provisions refer to the specific articles and schedules in the Indian Constitution that govern the functioning of Parliament, including oath-taking and the responsibilities of MPs. The video references various constitutional articles, such as Article 99 and 104, to explain these legal frameworks.

💡Provisional Certification

Provisional certification is the verification of an MP's election by presenting a certificate from the Election Commission. The video notes this as a necessary step before MPs can take their oath and officially start their parliamentary duties.

Highlights

The Indian parliamentary election process is nearing completion, with newly elected MPs soon to become part of the legislative process.

An important step before debate in the parliament is the taking of the parliamentary oath by MPs.

The swearing-in ceremony for newly elected MPs in India begins at the Presidential Palace, not the Parliament House.

The Protem Speaker, Brat Hari Mehta, who has been an MP for seven consecutive terms, will administer the oath to the new MPs.

The term of Lok Sabha MPs is five years, starting from the date the Election Commission declares the results under the Representatives of the People Act, 1951.

MPs gain certain rights from the day they are declared winners, including their salary and allowances.

If an MP changes their party after their term begins, they may face disqualification under the Anti-Defection Law.

The importance of the parliamentary oath is emphasized as it is mandatory for MPs to take before participating in parliamentary proceedings.

According to the Indian Constitution's Article 99, MPs must take an oath or affirmation before they can participate in debates and voting.

Failure to take the oath can result in a fine of ₹5000 for each day the MP participates without having taken the oath, as per Article 104.

Non-elected individuals can be appointed as ministers, but they have a six-month period to become a member of either house of Parliament.

Ministers who are not members of Parliament can participate in parliamentary proceedings but cannot vote during this period.

The text of the parliamentary oath is found in the Third Schedule of the Indian Constitution.

MPs must present their election certificate, issued by the Election Commission of India, before taking the oath.

The oath can be taken in any of the 22 languages mentioned in the Eighth Schedule of the Indian Constitution.

A trend has emerged where more than half of the MPs prefer to take the oath in Hindi or English.

There is an increasing trend of MPs taking the oath in Sanskrit, reflecting a shift towards the ancient language.

The difference between 'oath' and 'affirmation' is that an oath is taken in the name of God, while an affirmation is non-religious.

If an MP is in jail, they may be granted bail specifically to take the oath, but must return to jail afterward.

The Supreme Court and High Courts have provisions for MPs in jail to take the oath within the 60-day period to avoid seat vacancy.

A question related to the Indian Constitution's provision for penalties on MPs participating in parliamentary proceedings without taking the oath is discussed.

The video concludes with an invitation for viewers to like, share, and subscribe to the channel for more informative content.