Make them take the oath again

The primary function of the legislature is to make laws that are in conformity with, and promote the principles and ideals enshrined in, the Constitution of India. It is incumbent upon those elected or nominated to the legislature to be conversant with, and conform to, the Constitution in form, spirit and substance. The very first test of this comes when they take oath upon being elected or nominated to the Legislative Assembly or Legislative Council. Many members elected to the 16th Karnataka Assembly failed this test as they deviated from the format for oath-taking laid down in the Constitution. They not only made a mockery of the process but also exposed themselves as lacking in dignity and integrity. Congress MLA from Channagiri Basavaraju Shivaganga took oath in the name of God and Deputy Chief Minister D K Shivakumar, and Mulbagal MLA Samruddhi Manjunath took oath in the name of his party chief, H D Deve Gowda. They must be reminded of Ambedkar’s warning: “Bhakti in religion may be a road to salvation. Bhakti, or hero-worship, in politics is a sure road to degradation and to eventual dictatorship”. Worse, the BJP’s Vijayapura legislator Basavaraj Patil Yatnal took oath in the name of Hindutva, contrary to the principles of the very Constitution that he was promising to uphold. Indeed, the senior legislator deviated from the prescribed format even after clear instructions from pro-tem Speaker R V Deshpande. Some other members, too, refused to comply with the format even after being corrected by the legislature secretary. This amounts to disrespecting both the Chair of the House and the Constitution.

The Constitution’s Third Schedule prescribes the format of oath to be taken for different constitutional offices. The text prescribed for members of the legislature is: “I, (name of candidate), having been elected (or nominated) a member of the Legislative Assembly (or Council), 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.”

The oath-taking ceremony is a solemn occasion and there is a certain dignity to it that those elected to public office are expected to uphold. It is not an occasion to flatter or show loyalty to a benefactor or to any partisan ideology. The only show of loyalty acceptable is that to the Constitution. The Speaker should rule that the deviant oaths taken are null and void and direct the members to take oath afresh and as prescribed in the Constitution.