Oath or Affirmation of Member of Parliament Before Taking Seat
Official heading: “Oath or affirmation by members”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 99, printed page 44
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 99 mandates that every Member of Parliament must make and subscribe an oath or affirmation before the President or a designated person according to the Third Schedule before taking their seat.
2. What It Means in Everyday Language
Article 99 prescribes a mandatory constitutional requirement before any newly elected or nominated MP can assume legislative functions: they must make and subscribe an oath or affirmation according to the form set out in the Third Schedule.
The oath is made before the President of India, or some person appointed in that behalf by the President (such as the Pro-tem Speaker or an authorized panel of MPs).
Taking the oath is a strict prerequisite: under Article 104, any person who sits or votes as a Member of Parliament before taking this oath is liable to a penalty of five hundred rupees for each day they sit or vote, recoverable as a debt due to the Union.
3. Practical Illustrative Example
A candidate wins a parliamentary by-election and arrives at Parliament to vote on a crucial government bill.
4. Important Limits, Qualifications & Exceptions
Article 99 establishes the solemn entry condition for exercising parliamentary membership.
- Mandatory prerequisite: Must take oath before entering upon parliamentary seat.
- Administered by the President or an appointed representative (e.g. Pro-tem Speaker).
- Form specified in Third Schedule: Pledges allegiance to Constitution, sovereignty, and duty.
- Enforced by Article 104 financial penalties for unauthorized sitting or voting.
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 V, Article 99, printed page 44 • 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.