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Question

The provision for 'Oath or Affirmation' by members of the legislature is mentioned in which Schedule of the Indian Constitution?

The correct answer is
Third Schedule

Understanding the Oath or Affirmation Schedule in the Indian Constitution

The question asks to identify the specific Schedule within the Indian Constitution that details the 'Oath or Affirmation' to be taken by members of the legislature. This is a fundamental aspect of constitutional procedure ensuring that elected representatives commit to their duties.

Analyzing Constitutional Schedules

The Constitution of India is structured into various parts and schedules, each dealing with specific subjects. To answer this question, we need to understand the content of the relevant schedules mentioned in the options:

  • Second Schedule: This schedule primarily deals with the emoluments, allowances, and privileges of the President of India, the Governors of States, the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha, the Speaker and Deputy Speaker of the Legislative Assembly, the Chairman and Deputy Chairman of the Legislative Council, and the Judges of the Supreme Court and High Courts. It does not concern the Oath or Affirmation of legislators.
  • Fourth Schedule: This schedule deals with the allocation of seats for the Council of States (Rajya Sabha) from the various States and Union Territories. It focuses on representation in the upper house of Parliament and is unrelated to the form of oaths.
  • Fifth Schedule: This schedule pertains to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura, and Mizoram. It focuses on tribal governance and does not address the oath-taking procedure for legislators.
  • Third Schedule: This schedule specifically outlines the forms of Oaths or Affirmations for various constitutional offices. This includes the oath taken by candidates for Parliament (Members of Lok Sabha and Rajya Sabha), Ministers of the Union, Judges of the Supreme Court, Comptroller and Auditor-General of India, State Ministers, Judges of the High Courts, Governors, etc. Therefore, it directly covers the 'Oath or Affirmation' for members of the legislature.

Identifying the Correct Schedule for Legislators' Oath

Based on the analysis above, the Third Schedule of the Indian Constitution lays down the prescribed forms of oath or affirmation. When a member of the legislature takes the oath, they are affirming their commitment to upholding the Constitution of India, protecting its sovereignty and integrity, and performing their duties faithfully.

The key takeaway is that the Third Schedule is the repository for the specific wording and format of oaths and affirmations required for various constitutional functionaries, including members of both the Union and State legislatures.

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Important Questions from Indian Polity

  1. Which south-eastern Dravidian language has been approved by Odisha state to be included in the Eighth Schedule of the Constitution of India, on 10th July 2023?

  2. According to the Census of India 2011, which of the following states has the largest Buddhist population?

  3. Who captained India to victory in the 2011 Cricket World Cup final win over Sri Lanka?

  4. When did a States Reorganisation Commission was set up, which recommended the creation of linguistic States on the basis of larger linguistic groups?

  5. In which of the following years was the Right of Persons with Disabilities Act passed?

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