Part VI - The States • Article

Article 188 Simplified: Oath or affirmation by members

Requires every member of the State Legislative Assembly (MLA) or Legislative Council (MLC) to make and subscribe to an oath or affirmation according to the Third Schedule before the Governor or their authorized representative before taking their seat.

Official Text

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.

Simple Meaning

Explain Like Ten

Before any elected politician can start voting or working in the Assembly or Council, they must promise to follow the Constitution by taking an oath before the Governor.

Student Mode

Mandates that every member of the Legislative Assembly (MLA) or Legislative Council (MLC) must take and subscribe to an oath or affirmation before the Governor (or their authorized representative) in accordance with the Third Schedule before taking their seat.

Example

Directly after winning an election, all newly elected MLAs must gather in the Assembly and take their official oath of allegiance to the Constitution, administered by the Governor or a Pro-tem Speaker, before they are allowed to sit and vote in the house.

Key Takeaway

Legislators must take a constitutional oath of office before they can participate in legislative business or take their seats.

FAQs

When must a legislator take the oath?

Before taking their seat in the House.

Before whom is the oath taken?

Before the Governor of the State, or some person appointed in that behalf by the Governor (such as the Pro-tem Speaker).

What happens if a legislator sits or votes in the House without taking the oath?

Under Article 193, they are liable to a penalty of ₹500 for every day they sit or vote without taking the oath.

Which schedule of the Constitution contains the format for the oath?

The Third Schedule.

Quiz

Under Article 188, a legislator must take an oath or affirmation before:

Answer: The Governor or their authorized representative

Which schedule of the Constitution sets out the forms of oath or affirmation for MLAs and MLCs?

Answer: Third Schedule

What is the penalty under Article 193 for sitting or voting in the House before taking the oath?

Answer: ₹500 per day