Article 188

Article 188 of the Constitution of India prescribes the formal procedure by which every elected representative must take an oath or affirmation before assuming office in a legislative body. This provision symbolises the commitment of members to uphold the Constitution, maintain the sovereignty of the nation, and perform their duties with integrity and responsibility. The Article applies to all members of the State Legislature, ensuring a uniform standard of constitutional allegiance across the country.

Constitutional Context and Purpose

The framers of the Constitution introduced Article 188 to instil a sense of constitutional obligation among legislators before they take part in the functioning of the Legislature. The oath serves both a legal and moral function—it formally acknowledges the member’s acceptance of constitutional authority and reaffirms their duty to serve in accordance with democratic principles.
This provision corresponds to Article 99, which applies to Members of Parliament, and thus establishes a consistent framework across both the Union and the States. It ensures that no individual can act in the capacity of a legislator unless they have publicly pledged allegiance to the Constitution of India.

Key Provisions of Article 188

1. Requirement of Oath or AffirmationArticle 188 mandates that every member of a State Legislature must, before taking their seat, make and subscribe an oath or affirmation in the prescribed form. The oath signifies that the member has formally accepted the duties and privileges of legislative office. Without this act, a member cannot lawfully participate in the proceedings of the House.
2. Administering AuthorityThe oath or affirmation is administered by the Governor of the State or by a person appointed by the Governor for this purpose. The designation of an authorised officer ensures procedural uniformity and legal validity of the oath-taking process.
3. Form of the OathThe exact wording of the oath or affirmation is provided in the Third Schedule of the Constitution. Members pledge to:

• Bear true faith and allegiance to the Constitution of India;
• Uphold the sovereignty and integrity of India; and
• Faithfully discharge their duties as members of the Legislature.

This formality is not merely ceremonial; it embodies the constitutional spirit that guides the functioning of representative democracy.

The Third Schedule and Its Significance

The Third Schedule of the Constitution provides detailed forms of oaths and affirmations for various constitutional offices, including the President, Vice-President, Judges, Comptroller and Auditor General, and members of Parliament and State Legislatures.
For members of the State Legislature, the oath reads:“I, [name], having been elected (or nominated) a member of the Legislative Assembly (or Legislative Council) of the State of [name of State], 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.”
This wording highlights the dual commitment to constitutional supremacy and national integrity, forming the ethical foundation of legislative functioning.

Legal and Procedural Implications

Failure to take the prescribed oath or affirmation has specific legal consequences. A member who does not comply with this requirement cannot sit, speak, or vote in the Legislature. If they do so, any act performed by them in that capacity may be deemed invalid.
The provision is closely related to Article 190(3)(a), which provides that a member’s seat becomes vacant if they fail to take the oath within the period prescribed by law. This ensures that the oath is not treated as a mere formality but as an essential constitutional condition for legislative membership.

Judicial Interpretation and Case Law

While there are few direct judicial interpretations of Article 188, courts have consistently recognised the constitutional necessity of taking the oath before assuming legislative responsibilities.
In Keshav Singh v. Speaker, Legislative Assembly, U.P. (1965), the Supreme Court emphasised the importance of maintaining the dignity and procedural integrity of legislative bodies, highlighting that constitutional mandates such as oath-taking are integral to the lawful exercise of legislative powers.
In K. Prabhakaran v. P. Jayarajan (2005), the Court reiterated that the legitimacy of a legislator’s actions depends on compliance with constitutional prerequisites, including the oath prescribed under Article 188.
The principle of allegiance to the Constitution, reinforced in Indira Gandhi v. Raj Narain (1975), underlines that every constitutional office derives authority only through adherence to the Constitution’s procedures and principles.

Related Constitutional Provisions

• Article 84 – Specifies qualifications for membership of Parliament; a corresponding provision, Article 173, applies to State Legislatures.
• Article 190 – Provides for the vacation of seats, including for failure to take the oath.
• Third Schedule – Contains the exact form of the oath or affirmation.
• Article 99 – Applies to Members of Parliament, serving as a parallel provision to Article 188 at the State level.

Together, these provisions ensure that the act of oath-taking remains a constitutional necessity and a symbol of loyalty to democratic governance.

Significance of Article 188

1. Upholding Constitutional SovereigntyThe oath or affirmation under Article 188 signifies the member’s recognition that all legislative authority flows from the Constitution. It reinforces the principle that every lawmaker must act within constitutional boundaries.
2. Ensuring Accountability and LegitimacyBy mandating the oath as a precondition for participation, Article 188 ensures that every legislative act is constitutionally valid. It prevents individuals who have not formally accepted constitutional obligations from exercising legislative powers.
3. Symbol of Democratic CommitmentThe public nature of the oath-taking ceremony signifies transparency and accountability. It marks the commencement of a member’s official duties and serves as a symbolic reaffirmation of India’s democratic ethos.
4. Legislative Discipline and IntegrityThe requirement of oath-taking instils a sense of responsibility and moral discipline among members. It underscores the expectation that elected representatives will perform their duties with sincerity and in accordance with constitutional values.

Practical Application and Procedure

The oath-taking ceremony is typically conducted during the first sitting of a newly constituted Legislature following general elections. The Governor, or a person authorised by the Governor, administers the oath individually to each member.
Members who have not taken the oath cannot participate in any legislative proceedings until they do so. Once the oath is made and subscribed, the member’s name is entered in the official register of members, enabling them to exercise full legislative functions.
In practice, the process of oath-taking is a solemn and public event, often witnessed by dignitaries, officials, and media representatives. It marks the formal transition from an elected representative to a constitutionally recognised legislator.

Broader Constitutional Perspective

Article 188 exemplifies the foundational relationship between the Constitution and elected representatives. It ensures that all legislative authority is exercised only by those who have formally pledged allegiance to constitutional governance. By embedding this requirement, the Constitution safeguards democratic accountability and upholds the supremacy of law.