AMENDMENT_16_05101963

PART3.txt

@@ -111,19 +111,19 @@ business.
 any existing law, or prevent the State from making any law, in so far as such
 law imposes reasonable restrictions on the exercise of the right conferred by th
 e
-said sub-clause in the interests of the
+said sub-clause in the interests of the sovereignty and integrity of India, the
 security of the State, friendly relations with foreign States, public order,
 decency or morality, or in relation to contempt of court, defamation or
 incitement to an offence.
 (3) Nothing in sub-clause (b) of the said clause shall affect the operation
 of any existing law in so far as it imposes, or prevent the State from making
-any law imposing, in the interests of
+any law imposing, in the interests of the sovereignty and integrity of India or
 public order, reasonable restrictions on the exercise of the right conferred by
 the said sub-clause.
 (4) Nothing in sub-clause (c) of the said clause shall affect the operation
 of any existing law in so far as it imposes, or prevent the State from making
-any law imposing, in the interests of public order or morality, 
-reasonable restrictions on the exercise of the right
+any law imposing, in the interests of the sovereignty and integrity of India or
+public order or morality, reasonable restrictions on the exercise of the right
 conferred by the said sub-clause.
 (5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the
 operation of any existing law in so far as it imposes, or prevent the State from

PART5.txt

@@ -485,7 +485,10 @@ year at a time and not extending in any case beyond a period of six months after
 the Proclamation has ceased to operate.
 84. Qualification for membership of Parliament.—A person shall not
 be qualified to be chosen to fill a seat in Parliament unless he—
-(a) is a citizen of India;
+(a) is a citizen of India, and makes and subscribes before some
+person authorised in that behalf by the Election Commission an oath or
+affirmation according to the form set out for the purpose in the Third
+Schedule;
 (b) is, in the case of a seat in the Council of States, not less than thirty
 years of age and, in the case of a seat in the House of the People, not less
 than twenty-five years of age; and

PART6.txt

@@ -315,7 +315,10 @@ provisions made in that behalf by Parliament by law.
 person shall not be qualified to be chosen to fill a seat in the Legislature of 
 a
 State unless he—
-(a) is a citizen of India;
+(a) is a citizen of India, and makes and subscribes before some
+person authorised in that behalf by the Election Commission an oath or
+affirmation according to the form set out for the purpose in the Third
+Schedule;
 (b) is, in the case of a seat in the Legislative Assembly, not less than
 twenty-five years of age and, in the case of a seat in the Legislative
 Council, not less than thirty years of age; and

SCHEDULE3.txt

@@ -5,8 +5,8 @@ I
 Form of oath of office for a Minister for the Union:—
 “I, A. B., do swear in the name of God that I will bear true faith
 solemnly affirm
-and allegiance to the Constitution of India as by law established,
-that I will faithfully
+and allegiance to the Constitution of India as by law established, that I
+will uphold the sovereignty and integrity of India, that I will faithfully
 and conscientiously discharge my duties as a Minister for the Union and
 that I will do right to all manner of people in accordance with the
 Constitution and the law, without fear or favour, affection or ill-will.”
@@ -18,17 +18,35 @@ indirectly communicate or reveal to any person or persons any matter
 which shall be brought under my consideration or shall become known
 to me as a Minister for the Union except as may be required for the due
 discharge of my duties as such Minister.”
-
 III
-Form of oath or affirmation to be made by a member of 
-Parliament :- 
-"I, A. B., having been elected (or nominated) a mem- 
-ber of the Council of States (or the House of the People) 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 
-and that I will faithfully discharge the duty upon which I 
-am about to enter”.
+A
+Form of oath or affirmation to be made by a candidate for election to
+Parliament:—
+“I, A.B., having been nominated as a candidate to fill a seat in the
+Council of States (or the House of the People) 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 and that I will uphold the sovereignty and integrity of
+India.”
 
+______________________________________________
+ See also arts. 84 (a) and 173 (a).
+
+229
+
+230
+
+THE CONSTITUTION OF INDIA
+
+B
+Form of oath or affirmation to be made by a member of Parliament:—
+“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
+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.”
 IV
 Form of oath or affirmation to be made by the Judges of the Supreme
 Court and the Comptroller and Auditor-General of India:—
@@ -37,17 +55,16 @@ Supreme Court of India (or Comptroller and Auditor-General of
 India) do swear in the name of God that I will bear true faith and
 solemnly affirm
 faith and allegiance to the Constitution of India as by law established,
-that I will duly
+that I will uphold the sovereignty and integrity of India, that I will duly
 and faithfully and to the best of my ability, knowledge and judgment
 perform the duties of my office without fear or favour, affection or illwill and
  that I will uphold the Constitution and the laws.”
-
 V
 Form of oath of office for a Minister for a State:—
 “I, A.B., do swear in the name of God that I will bear true faith
 solemnly affirm
-and allegiance to the Constitution of India as by law established, that I will f
-aithfully
+and allegiance to the Constitution of India as by law established, that I
+will uphold the sovereignty and integrity of India, that I will faithfully
 and conscientiously discharge my duties as a Minister for the State of
 ..........and that I will do right to all manner of people in accordance with
 the Constitution and the law without fear or favour, affection or ill-will.”
@@ -65,17 +82,26 @@ which shall be brought under my consideration or shall become known to
 me as a Minister for the State of ....................except as may be required 
 for
 the due discharge of my duties as such Minister.”
-
-VII 
-Form of oath or affirmation to be made by a member 
-of the Legislature of a State :- 
-"I, A.B., having been elected (or nominated) a member 
-of the Legislative Assembly (or Legislative Council), 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 
-and that I will faithfully discharge the duty upon which I 
-am about to enter.”
+VII
+A
+Form of oath or affirmation to be made by a candidate for election to the
+Legislature of a State:—
+“I, A.B., having been nominated as a candidate to fill a seat
+in the Legislative Assembly (or Legislative Council), do swear in
+the name of God that I will bear true faith and allegiance to the
+solemnly affirm
+Constitution of India as by law established and that I will uphold the
+sovereignty and integrity of India.”
+B
+Form of oath or affirmation to be made by a member of the Legislature
+of a State:—
+“I, A.B., having been elected (or nominated) a member of the Legislative
+Assembly (or Legislative Council), do swear in the name of God that
+solemnly affirm
+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.”
 
 232
 
@@ -87,7 +113,7 @@ Form of oath or affirmation to be made by the Judges of a High Court:—
 Court at (or of) ………-….. do swear in the name of God that I will bear
 solemnly affirm
 true faith and allegiance to the Constitution of India as by law
-established, that I
+established, that I will uphold the sovereignty and integrity of India, that I
 will duly and faithfully and to the best of my ability, knowledge and
 judgment perform the duties of my office without fear or favour, affection
 or ill-will and that I will uphold the Constitution and the laws.”