Article 188 of the Costitution of India with Case law
Article 188 of the Constitution of India
Title: Oath or affirmation by members of the State Legislature
🔹 Text of Article 188:
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.
📘 Explanation of Article 188:
Article 188 makes it mandatory for all elected members of a State Legislature to take an oath or affirmation before assuming office. This ensures that lawmakers formally pledge allegiance to the Constitution and the sovereignty of India.
✅ Key Points:
Applies to both Houses of the State Legislature:
Legislative Assembly (Vidhan Sabha)
Legislative Council (Vidhan Parishad) (where applicable)
The Governor or a designated official administers the oath.
The format of the oath is provided in the Third Schedule of the Constitution.
Without taking this oath, a member cannot participate in proceedings or vote.
📜 Text of the Oath (Third Schedule):
"I, A.B., having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council) of the State of ________, do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will faithfully discharge the duty upon which I am about to enter."
⚖️ Important Case Laws Related to Article 188:
1. M. A. M. Muthiah v. The Election Tribunal, Madurai (AIR 1958 Mad 416)
Issue: A member participated in legislative proceedings before taking the oath.
Held: Participation without taking the oath is unconstitutional, and such acts (like voting) are null and void.
Relevance: Reinforces that taking oath under Article 188 is mandatory before functioning as an MLA/MLC.
2. Harla v. State of Rajasthan (1951 AIR 467)
While not directly under Article 188, this case emphasized that procedural compliance (like oath-taking) is essential for valid exercise of legislative power.
3. K. C. Chandy v. R. Balakrishna Pillai (AIR 1986 Ker 116)
Facts: Controversy over whether non-attendance due to not taking oath amounted to disqualification.
Held: The person is not a member in the legal sense until they take the oath under Article 188.
Relevance: Clarifies the status of the member is incomplete until Article 188 is complied with.
🛑 Consequences of Not Taking the Oath:
The person cannot sit or vote in the legislature.
Under Article 193, if they do so knowingly, they are liable to a fine of ₹500 per day.
Such actions may also lead to disqualification or invalidation of decisions made by them.
✅ Summary Table:
| Provision | Details |
|---|---|
| Applies To | Elected/Nominated MLAs and MLCs |
| Administered By | Governor or person appointed by him |
| Timing | Before taking their seat in the House |
| Oath Format | As per Third Schedule |
| Without Oath | Member cannot function, and actions are invalid |
🔄 Related Articles:
| Article | Description |
|---|---|
| 84(c) | Similar provision for MPs (Parliament) |
| 193 | Penalty for sitting/voting without oath |
| 173(b) | Candidate must be ready to make the oath |
📌 Conclusion:
Article 188 is a foundational procedural requirement for democratic functioning. It ensures that all State legislators formally commit to uphold the Constitution and India's sovereignty before discharging their duties. Failure to comply invalidates their authority to act as members.
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