AMENDMENT_16_05101963
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@ -111,19 +111,19 @@ business.
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any existing law, or prevent the State from making any law, in so far as such
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any existing law, or prevent the State from making any law, in so far as such
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law imposes reasonable restrictions on the exercise of the right conferred by th
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law imposes reasonable restrictions on the exercise of the right conferred by th
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e
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e
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said sub-clause in the interests of the
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said sub-clause in the interests of the sovereignty and integrity of India, the
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security of the State, friendly relations with foreign States, public order,
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security of the State, friendly relations with foreign States, public order,
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decency or morality, or in relation to contempt of court, defamation or
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decency or morality, or in relation to contempt of court, defamation or
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incitement to an offence.
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incitement to an offence.
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(3) Nothing in sub-clause (b) of the said clause shall affect the operation
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(3) Nothing in sub-clause (b) of the said clause shall affect the operation
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of any existing law in so far as it imposes, or prevent the State from making
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of any existing law in so far as it imposes, or prevent the State from making
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any law imposing, in the interests of
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any law imposing, in the interests of the sovereignty and integrity of India or
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public order, reasonable restrictions on the exercise of the right conferred by
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public order, reasonable restrictions on the exercise of the right conferred by
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the said sub-clause.
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the said sub-clause.
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(4) Nothing in sub-clause (c) of the said clause shall affect the operation
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(4) Nothing in sub-clause (c) of the said clause shall affect the operation
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of any existing law in so far as it imposes, or prevent the State from making
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of any existing law in so far as it imposes, or prevent the State from making
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any law imposing, in the interests of public order or morality,
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any law imposing, in the interests of the sovereignty and integrity of India or
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reasonable restrictions on the exercise of the right
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public order or morality, reasonable restrictions on the exercise of the right
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conferred by the said sub-clause.
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conferred by the said sub-clause.
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(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the
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(5) Nothing in sub-clauses (d), (e) and (f) of the said clause shall affect the
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operation of any existing law in so far as it imposes, or prevent the State from
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operation of any existing law in so far as it imposes, or prevent the State from
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@ -485,7 +485,10 @@ year at a time and not extending in any case beyond a period of six months after
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the Proclamation has ceased to operate.
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the Proclamation has ceased to operate.
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84. Qualification for membership of Parliament.—A person shall not
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84. Qualification for membership of Parliament.—A person shall not
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be qualified to be chosen to fill a seat in Parliament unless he—
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be qualified to be chosen to fill a seat in Parliament unless he—
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(a) is a citizen of India;
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(a) is a citizen of India, and makes and subscribes before some
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person authorised in that behalf by the Election Commission an oath or
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affirmation according to the form set out for the purpose in the Third
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Schedule;
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(b) is, in the case of a seat in the Council of States, not less than thirty
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(b) is, in the case of a seat in the Council of States, not less than thirty
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years of age and, in the case of a seat in the House of the People, not less
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years of age and, in the case of a seat in the House of the People, not less
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than twenty-five years of age; and
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than twenty-five years of age; and
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@ -315,7 +315,10 @@ provisions made in that behalf by Parliament by law.
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person shall not be qualified to be chosen to fill a seat in the Legislature of
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person shall not be qualified to be chosen to fill a seat in the Legislature of
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a
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a
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State unless he—
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State unless he—
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(a) is a citizen of India;
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(a) is a citizen of India, and makes and subscribes before some
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person authorised in that behalf by the Election Commission an oath or
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affirmation according to the form set out for the purpose in the Third
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Schedule;
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(b) is, in the case of a seat in the Legislative Assembly, not less than
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(b) is, in the case of a seat in the Legislative Assembly, not less than
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twenty-five years of age and, in the case of a seat in the Legislative
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twenty-five years of age and, in the case of a seat in the Legislative
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Council, not less than thirty years of age; and
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Council, not less than thirty years of age; and
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@ -5,8 +5,8 @@ I
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Form of oath of office for a Minister for the Union:—
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Form of oath of office for a Minister for the Union:—
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“I, A. B., do swear in the name of God that I will bear true faith
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“I, A. B., do swear in the name of God that I will bear true faith
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solemnly affirm
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solemnly affirm
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and allegiance to the Constitution of India as by law established,
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and allegiance to the Constitution of India as by law established, that I
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that I will faithfully
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will uphold the sovereignty and integrity of India, that I will faithfully
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and conscientiously discharge my duties as a Minister for the Union and
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and conscientiously discharge my duties as a Minister for the Union and
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that I will do right to all manner of people in accordance with the
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that I will do right to all manner of people in accordance with the
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Constitution and the law, without fear or favour, affection or ill-will.”
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Constitution and the law, without fear or favour, affection or ill-will.”
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@ -18,17 +18,35 @@ indirectly communicate or reveal to any person or persons any matter
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which shall be brought under my consideration or shall become known
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which shall be brought under my consideration or shall become known
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to me as a Minister for the Union except as may be required for the due
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to me as a Minister for the Union except as may be required for the due
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discharge of my duties as such Minister.”
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discharge of my duties as such Minister.”
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III
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III
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Form of oath or affirmation to be made by a member of
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A
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Parliament :-
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Form of oath or affirmation to be made by a candidate for election to
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"I, A. B., having been elected (or nominated) a mem-
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Parliament:—
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ber of the Council of States (or the House of the People) do
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“I, A.B., having been nominated as a candidate to fill a seat in the
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swear in the name of God/solemnly affirm that I will bear true faith and
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Council of States (or the House of the People) do swear in the name of God
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allegiance to the Constitution of India as by law established
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solemnly affirm
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and that I will faithfully discharge the duty upon which I
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that I will bear true faith and allegiance to the Constitution of India as
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am about to enter”.
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by law established and that I will uphold the sovereignty and integrity of
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India.”
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______________________________________________
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See also arts. 84 (a) and 173 (a).
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229
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230
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THE CONSTITUTION OF INDIA
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B
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Form of oath or affirmation to be made by a member of Parliament:—
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“I, A.B., having been elected (or nominated) a member of the
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Council of States (or the House of the People) do swear in the name of God
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solemnly affirm
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that I will bear true faith and allegiance to the Constitution of India as by
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law established, that I will uphold the sovereignty and integrity of India
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and that I will faithfully discharge the duty upon which I am about to
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enter.”
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IV
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IV
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Form of oath or affirmation to be made by the Judges of the Supreme
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Form of oath or affirmation to be made by the Judges of the Supreme
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Court and the Comptroller and Auditor-General of India:—
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Court and the Comptroller and Auditor-General of India:—
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@ -37,17 +55,16 @@ Supreme Court of India (or Comptroller and Auditor-General of
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India) do swear in the name of God that I will bear true faith and
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India) do swear in the name of God that I will bear true faith and
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solemnly affirm
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solemnly affirm
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faith and allegiance to the Constitution of India as by law established,
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faith and allegiance to the Constitution of India as by law established,
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that I will duly
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that I will uphold the sovereignty and integrity of India, that I will duly
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and faithfully and to the best of my ability, knowledge and judgment
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and faithfully and to the best of my ability, knowledge and judgment
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perform the duties of my office without fear or favour, affection or illwill and
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perform the duties of my office without fear or favour, affection or illwill and
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that I will uphold the Constitution and the laws.”
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that I will uphold the Constitution and the laws.”
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V
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V
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Form of oath of office for a Minister for a State:—
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Form of oath of office for a Minister for a State:—
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“I, A.B., do swear in the name of God that I will bear true faith
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“I, A.B., do swear in the name of God that I will bear true faith
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solemnly affirm
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solemnly affirm
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and allegiance to the Constitution of India as by law established, that I will f
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and allegiance to the Constitution of India as by law established, that I
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aithfully
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will uphold the sovereignty and integrity of India, that I will faithfully
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and conscientiously discharge my duties as a Minister for the State of
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and conscientiously discharge my duties as a Minister for the State of
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..........and that I will do right to all manner of people in accordance with
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..........and that I will do right to all manner of people in accordance with
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the Constitution and the law without fear or favour, affection or ill-will.”
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the Constitution and the law without fear or favour, affection or ill-will.”
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@ -65,17 +82,26 @@ which shall be brought under my consideration or shall become known to
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me as a Minister for the State of ....................except as may be required
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me as a Minister for the State of ....................except as may be required
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for
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for
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the due discharge of my duties as such Minister.”
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the due discharge of my duties as such Minister.”
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VII
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VII
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A
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Form of oath or affirmation to be made by a member
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Form of oath or affirmation to be made by a candidate for election to the
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of the Legislature of a State :-
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Legislature of a State:—
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"I, A.B., having been elected (or nominated) a member
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“I, A.B., having been nominated as a candidate to fill a seat
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of the Legislative Assembly (or Legislative Council), do
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in the Legislative Assembly (or Legislative Council), do swear in
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swear in the name of God
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the name of God that I will bear true faith and allegiance to the
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/ solemnly affirm that I will bear true faith and
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solemnly affirm
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allegiance to the Constitution of India as by law established
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Constitution of India as by law established and that I will uphold the
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and that I will faithfully discharge the duty upon which I
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sovereignty and integrity of India.”
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am about to enter.”
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B
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Form of oath or affirmation to be made by a member of the Legislature
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of a State:—
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“I, A.B., having been elected (or nominated) a member of the Legislative
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Assembly (or Legislative Council), do swear in the name of God that
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solemnly affirm
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I will bear true faith and allegiance to the Constitution of India as by
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law established, that I will uphold the sovereignty and integrity of India
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and that I will faithfully discharge the duty upon which I am about to
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enter.”
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232
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232
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@ -87,7 +113,7 @@ Form of oath or affirmation to be made by the Judges of a High Court:—
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Court at (or of) ………-….. do swear in the name of God that I will bear
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Court at (or of) ………-….. do swear in the name of God that I will bear
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solemnly affirm
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solemnly affirm
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true faith and allegiance to the Constitution of India as by law
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true faith and allegiance to the Constitution of India as by law
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established, that I
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established, that I will uphold the sovereignty and integrity of India, that I
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will duly and faithfully and to the best of my ability, knowledge and
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will duly and faithfully and to the best of my ability, knowledge and
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judgment perform the duties of my office without fear or favour, affection
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judgment perform the duties of my office without fear or favour, affection
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or ill-will and that I will uphold the Constitution and the laws.”
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or ill-will and that I will uphold the Constitution and the laws.”
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