सं Samvidhan

The Constitution of India

Article 188

Oath or affirmation by members

Why this exists

This provision ensures that everyone entering a State legislature formally commits to respecting the Constitution and faithfully performing their duties before they can participate in law-making. It mirrors similar oath requirements for Parliament (Article 99) and for the President and Governors, reflecting a broader constitutional design where public officeholders publicly pledge loyalty to the Constitution before wielding power. The practice draws from parliamentary traditions inherited from British constitutional practice, adapted to India's federal structure.

How courts read it

Courts have generally treated the oath-taking requirement as a mandatory procedural step tied to the validity of a member's participation in House proceedings, though they have been cautious about turning oath disputes into prolonged litigation, often leaving such matters to the Speaker or Chairman's procedural authority. There is no single landmark case that has significantly reinterpreted this Article; it is largely understood in its plain textual sense alongside its Parliamentary counterpart, Article 99.

Common misconceptions
  • Myth: A newly elected MLA or MLC can immediately start voting and participating in the House right after winning the election.
    Fact: They must first take the prescribed oath or affirmation before the Governor or an authorized person; only then can they officially take their seat and participate in House business.
  • Myth: The oath's wording can be personalized or changed by the member.
    Fact: The oath must follow the exact form set out in the Third Schedule of the Constitution, without alteration.