Article 188 Of The Indian Constitution

Article 188 of the Indian Constitution is related to the taking of an oath or an affirmation by the members of the State Legislature. It is concerned with the Conduct of Business within the Legislature of the State.

If you are curious about Article 188 and want to know more about what goes on once the members are decided and how they preside their seat, then read along.

This article aims to make one familiar with the official text of the article as it is mentioned in the Constitution of India, analyse the article according to the provision it provides and briefly talk about the constitutional amendment it is related to.

Read on to gain an in-depth understanding of Article 188 of the Indian Constitution.

What Is Article 188 Of The Indian Constitution Concerned With?

Article 188 falls under the Conduct of Business. It has been mentioned in the Constitution of India in the given manner. The following text has been quoted from the official document itself. It reads as follows:

“188. Oath or affirmation by members.—Every member of the

Legislative Assembly or the Legislative Council of a State shall, before taking

his seat, make and subscribe before the Governor, or some person appointed in

that behalf by him, an oath or affirmation according to the form set out for the

purpose in the Third Schedule.”

Explanation Of Article 188 Of The Indian Constitution

To understand the article clearly, let us try to analyse its words closely. Here is an explanation in the following paragraph in relation to the provision provided in Article 188.

Article 188 of the Indian Constitution states that it is about the taking of oath or an affirmation given by the members of the State Legislature. The State Legislature is constituted only of the State Legislative Assembly (Vidhan Sabha) in some states. In others, it is constituted of the State Legislative Council (Vidhan Parishad) along with the State Legislative Assembly. 

The provision under this article further explains that every individual who is a member of the State Legislative Assembly or the State Legislative Council must take an oath or an affirmation before the Governor before taking their seat in the State Legislature body. If the Governor is not available for making the oath or an affirmation by a new member before they take their seat in the State Legislature, then in such a case, some individual must be appointed in his place by the Governor himself.

It is also to be noted that the oath or affirmation that needs to be made by a member before taking their seat in the State Legislature must be according to the form that has already been defined in the Third Schedule of the Constitution of India.

Amendment Article 188 Is Related To

We find a mention of Article 188 of the Indian Constitution in The Constitution (Fifty-second Amendment) Act, 1985, in relation to the taking of oath or an affirmation.

Summing Up

To sum up everything, let us now reflect on the meaning of Article 188 of the Indian Constitution. We learnt through this article what the requirements of Article 188 are.

The provisions of Article 188 state what the members of the State Legislative Assembly and the State Legislative Council must do before assuming their seat in the State Legislature. An oath or affirmation under Article 188 must be made as per the Third Schedule of the Indian Constitution in front of the Governor or any person chosen by him as his substitute in case he is not available .

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