Consider the following statements:
- 1. A person becomes a Member of the House from the date on which the person is declared elected by the Returning Officer.
- 2. A person becomes a Member of the House only from the date on which the person makes and subscribes oath or affirmation.
- 3. A Member cannot ask a question in the House unless he has taken oath and signed the Roll of Members in the House.
Which of the above statements is/are correct ?
3 only
1 and 3 only
1 and 2 only
1, 2 and 3
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC SO-Steno – 2017
Statement 2: While the status of a member is acquired upon election, the right to function fully as a member within the House (take seat, vote, participate in proceedings) begins only after making and subscribing the oath as required by Article 99. Statement 2 says they “becomes a Member of the House *only* from the date… oath”. This is incorrect in terms of legal status, as status is from election. Hence, Statement 2 is incorrect.
Statement 3: Rule 32 of the Rules of Procedure and Conduct of Business in Lok Sabha states that a member may not ask a question until he has made and subscribed the oath or affirmation. This is an example of a right contingent on the oath. Hence, Statement 3 is correct.