What is the difference between the oath of the Prime Minister and the MP, why is the oath taken twice?
PM Modi Swearing-In Ceremony: Narendra Modi is going to take oath as Prime Minister for the third time. Earlier it was reported that he would take oath on June 8. Now it is being said that the Prime Minister will take oath on June 9.
PM Modi can take oath on 9th June.
Narendra Damodar Das Modi, who emerged victorious in the great battle of democracy, has been chosen as the leader of NDA. Now only the formality of electing PM Modi as the leader in the NDA parliamentary party meeting remains. In this way, Narendra Modi will take oath as the Prime Minister for the third time. Earlier it was reported that he would take oath on June 8. Now it is being said that the Prime Minister will take oath on June 9.
Here a question arises whether the oath of the Prime Minister is different from the oath of MPs? Let us try to find out.
What is the difference between the oath taken by the Prime Minister and that of MPs?
According to the Constitution, the President administers the oath to the Prime Minister and his ministers. This time President Draupadi Murmu will administer the oath to the Prime Minister and ministers. In the swearing-in ceremony, Narendra Modi will take oath as the Prime Minister. Apart from this, other members of the cabinet will take oath as Cabinet Minister, Minister of State (Independent Charge), and Minister of State. The format of their oath is different from the format of the oath of MPs.
Although all of them take oaths to work according to the Constitution, while the Prime Minister and Ministers take oaths to work under the Constitution according to their position, the members of Parliament take oaths to elect themselves to the House, to have faith in the Constitution and to perform the duties according to their position.
Every member elected to the Lok Sabha has to take an oath
On the other hand, the oath-taking of the members of Parliament is also done under the leadership of the President. According to Article 99 of the Indian Constitution, before taking one's seat in the Lok Sabha, one has to take an oath in front of the President or a person appointed by him for this purpose according to the format given for this purpose in the third schedule of the Constitution.
Constitution experts say that now it is not mandatory for the Prime Minister and any minister to be a member of any house of Parliament at the time of taking the oath. That is, to become a Prime Minister or a minister, it is neither necessary to be elected to the Lok Sabha beforehand nor is it necessary to be a member of the Rajya Sabha. Yes, after taking oath for these posts, it becomes necessary that the Prime Minister or the minister is elected as a member of either of these two houses of Parliament in the next six months.
The Prime Minister will take oath separately as a member of the Lok Sabha
After this, the Prime Minister or the Minister who is elected to any House takes a separate oath as its member. If we take this example, the Prime Minister and many of his ministers will already be members of the Lok Sabha or Rajya Sabha. Apart from the swearing-in of the cabinet, those who have been elected as members of the Lok Sabha will take a separate oath as MPs.
However, if the Prime Minister or any minister is not a member of the Lok Sabha and the proceedings of the House are taking place, then also they can be present there to answer the questions of the members because according to the Constitution, the Cabinet is answerable to the Lok Sabha and the Rajya Sabha.
Pro tem speaker will administer oath to Lok Sabha members
As far as the oath-taking ceremony of the members of Lok Sabha is concerned, the old speaker resigns from his post just before the formation of the new Lok Sabha, i.e. before the first meeting of the Lok Sabha. Now since there is neither a Speaker nor a Deputy Speaker of the Lok Sabha, so until their election, the President elects one of the new members as the Pro-tem Speaker for the first meeting of the Lok Sabha under Article 95 (1) of the Constitution and administers the oath to him.
The post of Protem Speaker automatically ends when a new Speaker is elected
Traditionally, the senior-most member elected to the House is chosen as the Protem Speaker. The Protem Speaker conducts the first meeting of the House and administers oaths to all other members. If for some reason a newly elected member is unable to take oath during the first meeting, he can take oath later as well. For this, he has to inform the Lok Sabha Secretary General in advance. On the other hand, the post of Protem Speaker automatically ends when a new Speaker of the Lok Sabha is elected.