New Delhi: The swearing-in ceremony of newly-elected MPs has, perhaps, never been as controversial as it was this time. MPs, as they approached the microphone to take their oath, raised various slogans. This time, slogans like 'Jai Hind', 'Jai Constitution', 'Jai Shri Ram', and even 'Jai Palestine" were heard. These led to significant controversies both inside and outside the Lok Sabha. So does raising any slogan during the swearing-in ceremony disqualify MPs? Let's see what the law and Constitution say.

Article 99 of the Constitution clearly states that Members of Parliament must take the oath as specified in the Third Schedule before assuming office. The Third Schedule of the constitution specifies the oath for ministers, MPs, and others.

Legal experts point out that the mandate only says MPs should necessarily take the prescribed oath in the Third Schedule. Former Lok Sabha Secretary General PD Thankappan Achary and Supreme Court Advocate MR Abhilash point out that MPs necessarily need to take the oath as prescribed. However, they noted that raising slogans before or after the oath does not threaten their disqualification.

According to Achary, the oath itself must be recited correctly. He noted that those who take the oath in the name of God must only use the phrase "in the name of God" and not specify the name of any particular deity.

Removal from parliamentary records

If the oath is recited correctly, the Speaker, based on parliamentary rules, will decide whether any slogans raised before or after it are acceptable. When RSP leader NK Premachandran objected to the slogan "Hindu Rashtra", the Speaker indicated it would be removed from the parliamentary records. When multiple slogans were being raised, the Speaker reiterated that nothing but the oath itself would be part of the parliamentary records.

Controversial slogans raised in the Lok Sabha

In recent days, many members who took the oath raised slogans, causing controversy. The practice of raising slogans after taking the oath started with MPs from Tamil Nadu, many of whom cheered for Periyar, Karunanidhi, and Stalin.

However, the most controversial slogans were those supporting 'Hindu Rashtra' and 'Jai Palestine'. BJP MP Chhatrapal Singh Gangwar from Bareilly, Uttar Pradesh, shouted 'Jai Hindu Rashtra' immediately after taking his oath. All India Majlis-e-Ittehadul Muslimeen (AIMIM)'s Asaduddin Owaisi raised several slogans, including 'Jai Palestine'. MPs from various parties cheered for their respective leaders.

Some BJP MPs hailed Syama Prasad Mukherjee and Hedgewar. Congress leaders Rahul Gandhi and Shashi Tharoor cheered for the constitution after taking their oath.

Will the 'Palestine' slogan be problematic?

MPs who raised slogans during their swearing-in do not need to fear any special actions. However, Asaduddin Owaisi's case is slightly different because he cheered for Palestine after taking his oath.

According to Article 102(1)(d) of the constitution, which outlines the reasons for disqualifying Parliament members, Owaisi's action could be challenged in court. The article states that any demonstration of allegiance or adherence to a foreign country could lead to disqualification.

However, experts have differing opinions on this matter. Achary noted that cheering for Palestine does not imply allegiance or adherence. On the other hand, Abhilash suggested that since the article mentions 'any acknowledgment of allegiance or adherence to a foreign State', cheering for another country could be questioned in court.

Cases of Umesh Challiyil and A Raja

In 2001, JSS candidate Umesh Challiyil, who won from Kodungallur as an MLA, faced court challenges for taking his oath in the name of Sree Narayana Guru instead of God. Both the High Court and the Supreme Court found this unconstitutional. He had to retake his oath and pay fines for the 86 days he had already spent in the Assembly, at 500 rupees per day.

Present Devikulam MLA A Raja also faced issues with his oath. He took his oath in Tamil, but there was an error in the Tamil translation of the Malayalam oath. He had to retake his oath and pay a fine.