Oath or Affirmation by Members of State Legislature
Official heading: “Oath or affirmation by members.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 188, printed page 84
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 188 mandates that every member of the Legislative Assembly or Council shall take a constitutional oath according to the Third Schedule before taking their seat.
2. What It Means in Everyday Language
Article 188 establishes the mandatory constitutional prerequisite before any elected or nominated MLA or MLC can take their seat and participate in legislative business.
Every member must, before taking their seat, make and subscribe an oath or affirmation before the Governor or some person appointed in that behalf by the Governor (such as a pro-tem Speaker).
The oath, set out in Form VII of the Third Schedule, pledges true faith and allegiance to the Constitution of India, to uphold the sovereignty and integrity of India, and to faithfully discharge legislative duties.
3. Practical Illustrative Example
A candidate wins an assembly constituency election and immediately attempts to participate in legislative committee voting before taking the official oath.
4. Important Limits, Qualifications & Exceptions
Article 188 formalizes legislative swearing-in and allegiance to the Constitution.
- Mandatory prior condition to taking seat in the chamber.
- Administered by Governor or gubernatorial nominee (pro-tem Speaker).
- Pledges allegiance to the Constitution, sovereignty, and territorial integrity of India.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 188, printed page 84 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.