With reference to the oath or affirmation of Members of Parliament (MP), consider the following statements:
1. Article 104 of the Constitution pertains to the oath or affirmation taken by MPs before the President or a person appointed by him.
2. The Constitution prescribes a penalty for any member who takes part in House proceedings without taking the prescribed oath.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Question

With reference to the oath or affirmation of Members of Parliament (MP), consider the following statements:
1. Article 104 of the Constitution pertains to the oath or affirmation taken by MPs before the President or a person appointed by him.
2. The Constitution prescribes a penalty for any member who takes part in House proceedings without taking the prescribed oath.

Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

ONLiNE UPSC · Accepted Answer

Context: Recently, the newly elected Members of Parliament to the 18th Lok Sabha took the oath or affirmation as mandated by the Constitution of India.

Statement 1 is not correct: Article 104 does not deal with the oath itself, but with the penalty for sitting and voting in Parliament without taking the prescribed oath or affirmation. The oath/affirmation by Members of Parliament is actually dealt with under Article 99 and the Third Schedule of the Constitution. The oath must be taken before the President or a person appointed by him.

Statement 2 is correct: As per Article 104, if a person sits or votes in either House of Parliament without taking the oath or when disqualified, they are liable to pay a penalty of ₹500 per day of such participation.

Parliament and State Legislatures

Oath or Affirmation of Members of Parliament

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M Question 1	⏱ 0
With reference to the oath or affirmation of Members of Parliament (MP), consider the following statements: 1. Article 104 of the Constitution pertains to the oath or affirmation taken by MPs before the President or a person appointed by him. 2. The Constitution prescribes a penalty for any member who takes part in House proceedings without taking the prescribed oath. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

Parliament and State Legislatures

Oath or Affirmation of Members of Parliament

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