Article 99

Article 99 of the Constitution of India lays down the constitutional requirement for every Member of Parliament (MP) to make and subscribe to an oath or affirmation before taking their seat in either House of Parliament. This provision symbolises a solemn commitment to uphold the Constitution, sovereignty, and integrity of India, and to discharge legislative duties with fidelity and responsibility.
By mandating this oath, the Article reinforces the idea that membership of Parliament is not merely a political office but a constitutional trust to be exercised in the service of the nation and in accordance with the values of the Republic.

Constitutional Framework and Text

Article 99, situated in Part V (The Union), Chapter II (The Parliament) of the Constitution, provides:

“Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President, 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.”

This provision is both mandatory and procedural, ensuring that no Member of Parliament can assume their seat or participate in parliamentary proceedings without first taking this constitutional pledge.

Applicability to Both Houses

Article 99 applies equally to both chambers of the Indian Parliament:

• The Council of States (Rajya Sabha)
• The House of the People (Lok Sabha)

Every elected or nominated member of either House must take the prescribed oath or affirmation before formally becoming part of Parliament. Until this act is completed, the member cannot participate in debates, vote, or exercise any parliamentary privilege.

Form and Content of the Oath or Affirmation

The exact wording and form of the oath or affirmation are provided in the Third Schedule of the Constitution. It reads as follows:

“I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People), do swear in the name of God (or 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.”

Key aspects of this oath include:

• Faith and allegiance to the Constitution — affirming loyalty to constitutional supremacy rather than to any political ideology or individual.
• Upholding the sovereignty and integrity of India — reinforcing national unity and commitment to the nation’s independence.
• Faithful discharge of duties — ensuring ethical conduct and accountability in public office.

Members may choose between “swearing in the name of God” or “solemnly affirming”, allowing for both religious and secular expressions of commitment.

Administration of the Oath

Under Article 99, the oath or affirmation must be made:

• Before the President of India, or
• Before a person appointed by the President for this purpose.

In practice, the President usually appoints the Pro Tem Speaker (temporary presiding officer) to administer the oath to newly elected members of the Lok Sabha during its first session after general elections. Similarly, for the Rajya Sabha, the Chairman (Vice-President) or a designated member administers the oath.

Legal Implications of Non-Compliance

The taking of the oath or affirmation is a constitutional prerequisite for assuming the duties of a Member of Parliament. Failure to do so has specific consequences:

• Until a member makes and subscribes to the oath, they cannot take their seat in the House.
• They cannot participate in debates, vote, or draw salaries and allowances as a member.
• Continued non-compliance may lead to the seat being declared vacant under Article 101, which governs vacation of seats in Parliament.

This ensures that only those who formally acknowledge their commitment to the Constitution can exercise legislative authority.

Relationship with Other Constitutional Articles

Article 99 functions in conjunction with several other provisions that regulate the qualifications and responsibilities of Members of Parliament:

• Article 84: Prescribes the qualifications for membership of Parliament, including citizenship and age requirements.
• Article 101: Deals with the vacation of seats, including cases where a member fails to take the oath within the prescribed period.
• Article 102: Lists disqualifications for membership, including holding an office of profit or being of unsound mind.
• Third Schedule: Specifies the exact form of oath or affirmation for MPs and other constitutional functionaries.

Together, these provisions establish the constitutional framework for ensuring legitimacy, accountability, and integrity in parliamentary membership.

Purpose and Significance

The oath or affirmation under Article 99 carries deep constitutional and democratic significance:

1. Affirmation of Constitutional Supremacy:It serves as a public declaration that members derive their authority not from the electorate alone but from the Constitution itself.
2. Commitment to National Integrity:By pledging to uphold the sovereignty and integrity of India, members affirm their allegiance to the nation above political or regional affiliations.
3. Ethical Accountability:The oath represents a moral and legal commitment to perform legislative duties honestly, transparently, and in public interest.
4. Safeguard Against Misconduct:It acts as a reminder that all parliamentary powers are bound by constitutional limits, preventing misuse of legislative privilege.

Thus, Article 99 transforms the assumption of parliamentary office into a constitutional act of fidelity and service to the nation.

Judicial Interpretation and Case Law

While Article 99 itself has not been directly adjudicated in landmark cases, its underlying principles have been reinforced through several judicial decisions:

• Keshavananda Bharati v. State of Kerala (1973): The Supreme Court, in formulating the Basic Structure Doctrine, underscored that the Constitution’s supremacy and the oath to uphold it form the cornerstone of India’s democratic framework.
• Indira Gandhi v. Raj Narain (1975): The Court highlighted that the oath binds elected representatives to uphold constitutional norms, reinforcing accountability in public office.
• Rameshwar Prasad v. Union of India (2006): The judgment referred to the oath as a continuing commitment, linking constitutional allegiance with legislative ethics and disqualification norms.

These cases collectively affirm that the oath under Article 99 is not a mere formality but a constitutional duty imbued with legal and moral authority.

Practical Application

In practice, the oath-taking ceremony is one of the first formal proceedings of each newly elected Parliament:

• Conducted during the first session following general elections.
• Supervised by the Pro Tem Speaker (in the Lok Sabha) or the Chairman (in the Rajya Sabha).
• Members take the oath or affirmation in the order determined by the Secretariat, sign the Roll of Members, and only then are considered full members of the House.

This ceremony, often held with national significance, reaffirms the collective accountability of the Parliament to the Constitution and the people of India.

Significance in a Parliamentary Democracy

In a broader democratic context, the oath-taking under Article 99 is not only procedural but symbolic:

• It signifies the transition from electoral politics to constitutional governance.
• It reminds members that their primary loyalty lies with constitutional ideals, not partisan interests.
• It reinforces the unity of the legislature in serving the sovereign will of the people under the framework of the Constitution.

By institutionalising this act, Article 99 ensures that every Parliament begins its tenure with a reaffirmation of faith in the rule of law and democratic accountability.

Conclusion

Article 99 of the Indian Constitution is a fundamental safeguard of constitutional integrity and parliamentary responsibility. By mandating that every member of Parliament must take an oath or affirmation before assuming office, it transforms the act of political representation into a constitutional pledge of allegiance to the nation and its democratic values.