18th Lok Sabha session begins today: How do MPs take oath? What happens if an MP is in jail?

• The first session of the 18th Lok Sabha will start.
• Before the House can begin its legislative functioning, the newly elected members will have to take the oath of Members of Parliament (MP), which is provided in the Constitution.

KEY HIGHLIGHTS

• The day will begin in Rashtrapati Bhavan, where Bhartruhari Mahtab — who has been elected for the seventh consecutive time from Cuttack, Odisha — will be the first one to take the oath of a Lok Sabha MP in front of the President.
• The President has entrusted him with the duties of the Speaker (pro tem) under Article 95(1) of the Constitution till the election of the new Speaker. Mahtab will preside over the House as his colleagues take oath.

When does the term of an MP begin?

• The five-year term of a Lok Sabha MP begins when the Election Commission of India (ECI) declares the results according to Section 73 of the Representation of the People Act, 1951.
• From that day onward, MPs are eligible for certain rights as elected representatives. For example, they start receiving their salary and allowances from the date of ECI notification - after the 2024 general elections, the ECI declared results on June 6.

Oath-taking in Lok Sabha

• However, there is an exception to this rule. An individual can become a minister without being elected to Parliament.
• They have six months to secure a seat in either Lok Sabha or Rajya Sabha. During this time, they can participate but not vote in House proceedings.

What is the parliamentary oath?

• The Constitution’s third schedule contains the text of the parliamentary oath.

How do MPs take the oath?

• Before being called upon to take the oath or affirmation, MPs must submit their election certificate to the Lok Sabha staff.

Can MPs in jail take the oath?

• The Constitution specifies that if an MP does not attend Parliament for 60 days, their seat can be declared vacant.
• Courts have used this ground to allow MPs in jail to take an oath in Parliament.
• For example, in June 2019, during the oath-taking for the last Lok Sabha, Atul Kumar Singh, MP from Ghosi in Uttar Pradesh, was in jail for serious criminal charges.