Oath cannot be taken in the name of Deities, Mother India and political martyrs: Kerala High Court

Kerala High Court rules

Thiruvananthapuram (Kerala) – Elected representatives of local self-governing bodies cannot go beyond the words prescribed in law while taking oath; that is, the oath can be taken in the name of God, or a solemn affirmation of truthfulness can be made without taking God’s name. Adding the name of a Deity, Bharatmata (Mother India), an organisation, a political martyr or any person to it will not be accepted. Adding any new word from one’s own side will be considered completely wrong, the Kerala High Court has ruled. For this, the court referred to the Kerala Municipal Corporation Act and the Kerala Panchayat Raj Act.

1. While taking oath, 20 corporators of the Thiruvananthapuram Municipal Corporation mentioned the names of Hindu Deities, ‘Bharatamba’, ‘Bharatmata’, ‘Gurudev’ and martyrs from their own political movement. Also, a member of the Wadakkanchery Gram Panchayat in Palakkad district had taken oath in the name of ‘Oommen Chandy, by the grace of God’. Considering both these cases, the High Court asked whether the law permits going beyond the prescribed format of the oath.

2. The court said that oath is not merely a formality. It is a solemn promise given to the people that the elected representative will follow the Constitution, work according to the law and serve the people honestly. Therefore, only an oath taken in the manner written in the law will be considered valid. Although people call God by different names, legally, oath can be taken only in the name of God or through a solemn affirmation. Adding any name from one’s own side to this is not appropriate.

The oath will have to be taken again

The High Court said that the oath had been taken in an incorrect manner, therefore it cannot be considered valid; however, the mandate of the elected representatives will not be cancelled only for this reason. The court has ordered that the corporators of the Thiruvananthapuram Municipal Corporation and the Wadakkanchery Panchayat member should take oath once again in the proper manner within 4 weeks. These people may perhaps have done this thinking that their own method was legally correct. Therefore, no punishment or fine will be imposed on them.

Work done by the panchayat member will be cancelled

The court has given relief in the context of the corporators of the Thiruvananthapuram Municipal Corporation. The court has said that the work done by them so far will remain protected under Section 531 of the Kerala Municipal Corporation Act. That is, their actions so far will not be cancelled merely on the basis of the incorrect oath; however, the situation is different in the context of the Wadakkanchery Gram Panchayat member. There is no provision for such protection in the Panchayat Raj Act. Therefore, the work done by that member so far will be considered invalid; however, he too has been given an opportunity to take oath again.