Which of the following statements as per the Third Schedule of the Con

Which of the following statements as per the Third Schedule of the Constitution of India is/are correct?

  • 1. A Member of Parliament is free to take the oath or affirmation by ‘swearing in the name of God’.
  • 2. Judge of the Supreme Court has to take the oath or affirmation by ‘swearing in the name of the Constitution of India’.

Select the answer using the code given below :

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC Geoscientist – 2024
The correct option is A.
The Third Schedule of the Constitution of India provides the forms of oaths or affirmations required to be made by various constitutional office holders and members of the legislature. These forms typically include the option to “swear in the name of God” or “solemnly affirm”.
Statement 1: “A Member of Parliament is free to take the oath or affirmation by ‘swearing in the name of God’.” The form of oath/affirmation for a Member of Parliament listed in the Third Schedule begins with “[I, A.B.,] do swear in the name of God/solemnly affirm…”. This provides the MP with the choice to either “swear in the name of God” or “solemnly affirm”. Therefore, this statement is correct.

Statement 2: “Judge of the Supreme Court has to take the oath or affirmation by ‘swearing in the name of the Constitution of India’.” The form of oath/affirmation for a Judge of the Supreme Court listed in the Third Schedule begins with “[I, A.B.,] having been appointed Chief Justice (or, a Judge) of the Supreme Court of India, 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…”. The oath requires allegiance to the Constitution, but the act of taking the oath itself is done by “swearing in the name of God” or “solemnly affirming”, not by “swearing in the name of the Constitution of India”. Therefore, this statement is incorrect.

Only Statement 1 is correct.

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