Article 99 of the Constitution of India deals with the oath or affirmation that a person elected or nominated to either House of Parliament must make before taking their seat as a member.
- Meaning of Article 99
- Constitutional Requirement
- Who Must Take the Oath or Affirmation?
- Oath or Affirmation
- Form of the Oath or Affirmation
- Who Administers the Oath or Affirmation?
- When Must the Oath or Affirmation Be Made?
- Article 99 and Commencement of Membership
- Consequence of Sitting or Voting Without Taking the Oath
- Article 99 and Article 104
- Article 99 and Article 102
- Article 99 and Article 103
- Article 99 and the Third Schedule
- Important Distinctions
- Common Confusions
- Article at a Glance
- Quick Revision
- Conclusion
The provision ensures that every member of Parliament formally undertakes to bear true faith and allegiance to the Constitution of India and faithfully discharge the duties of the office before participating as a member of the House.
Meaning of Article 99
Article 99 provides that every member of either House of Parliament must, before taking their seat, make and subscribe an oath or affirmation before the President or a person appointed by the President for this purpose.
The form of the oath or affirmation is prescribed in the Third Schedule to the Constitution.
Thus, Article 99 establishes three essential requirements:
- the person must be a member of either House of Parliament;
- the oath or affirmation must be made before taking the seat; and
- it must be made before the President or a person appointed by the President for this purpose.
Constitutional Requirement
Article 99 states that every member of either House of Parliament shall, before taking his seat, make and subscribe an oath or affirmation according to the form set out for the purpose in the Third Schedule.
The oath or affirmation is therefore a constitutional condition connected with taking a seat in Parliament.
The provision applies to members of both:
- the Council of States (Rajya Sabha); and
- the House of the People (Lok Sabha).
Who Must Take the Oath or Affirmation?
Article 99 applies to every member of either House of Parliament.
This includes:
| House | Members covered |
|---|---|
| Rajya Sabha | Elected and nominated members |
| Lok Sabha | Elected members |
A person who becomes a member through election or nomination must comply with Article 99 before taking their seat.
Oath or Affirmation
The Constitution permits two alternatives:
- Oath, or
- Affirmation.
A member may therefore make either the constitutionally prescribed oath or affirmation.
The choice between an oath and an affirmation does not remove the constitutional requirement. Both are recognised by Article 99.
Form of the Oath or Affirmation
The exact form of the oath or affirmation is contained in the Third Schedule to the Constitution.
For a member of Parliament, the prescribed form requires the member to swear or affirm:
“I, A.B., having been elected (or nominated) a member of the Council of States (or the House of the People) do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India and that I will faithfully discharge the duty upon which I am about to enter.”
The reference to being elected or nominated reflects the two constitutional methods by which a person may become a member of Parliament.
The form also contains the constitutional commitments to:
- true faith and allegiance to the Constitution;
- the sovereignty and integrity of India; and
- faithful discharge of the member’s duties.
Who Administers the Oath or Affirmation?
Article 99 identifies two possible authorities:
- the President of India; or
- a person appointed by the President for this purpose.
Therefore, the President does not personally have to administer the oath to every member. The Constitution expressly permits the President to appoint another person to perform this function.
When Must the Oath or Affirmation Be Made?
The constitutional timing is important.
Article 99 requires the oath or affirmation to be made before taking the member’s seat.
The sequence is therefore:
Election or nomination → oath or affirmation → taking the seat
The oath is not merely a ceremonial formality performed after a member has already taken their seat.
Article 99 and Commencement of Membership
Article 99 should be distinguished from the provisions that determine when a person becomes entitled to membership of Parliament.
A person may be duly elected or nominated, but Article 99 imposes the further constitutional requirement concerning the taking of the seat.
The provision therefore operates at the stage when the elected or nominated person enters the House as a member.
Consequence of Sitting or Voting Without Taking the Oath
Article 99 should be read together with Article 104, which provides a financial penalty for a person who:
- sits or votes as a member of either House before complying with the constitutional requirement of taking the oath or affirmation;
- sits or votes knowing that they are not qualified or are disqualified for membership; or
- sits or votes despite knowing that their membership has ceased by virtue of a law made by Parliament.
The amount specified by Article 104 is five hundred rupees for each day on which the person sits or votes.
Therefore, Article 99 establishes the oath requirement, while Article 104 provides the consequence for sitting or voting without complying with the relevant constitutional requirement.
Article 99 and Article 104
The relationship between the two provisions is important:
| Provision | Subject |
|---|---|
| Article 99 | Oath or affirmation before taking a seat |
| Article 104 | Penalty for sitting or voting without complying with the constitutional requirement |
Article 104 does not replace Article 99. Rather, it provides a consequence for certain forms of unauthorised sitting or voting.
Article 99 and Article 102
Article 102 deals with disqualifications for membership of Parliament.
A person must satisfy the constitutional requirements for membership and must also comply with Article 99 before taking their seat.
Thus, taking the oath does not cure a constitutional or statutory disqualification.
A person who is disqualified from membership cannot acquire a valid entitlement to sit merely by taking the oath.
Article 99 and Article 103
Article 103 provides the procedure for determining questions concerning disqualification of members under Article 102.
The President decides such a question after obtaining the opinion of the Election Commission and acting according to that opinion.
This is separate from the oath requirement under Article 99.
Article 99 and the Third Schedule
The Third Schedule is directly connected with Article 99 because it contains the prescribed form of the oath or affirmation for members of Parliament.
The constitutional framework can therefore be remembered as:
Article 99 → constitutional requirement
Third Schedule → prescribed form
Article 104 → consequence for sitting or voting without complying
Important Distinctions
Oath vs affirmation
The Constitution permits a member to make either an oath or an affirmation.
The member therefore does not have to take a religious oath if they choose the constitutionally recognised form of affirmation.
Election or nomination vs taking the seat
Being elected or nominated and taking the seat are distinct stages.
Article 99 specifically requires the oath or affirmation before taking the seat.
Oath vs qualification for membership
Taking the oath does not itself establish that the person satisfies all qualifications for membership.
Qualifications and disqualifications are governed by other constitutional and statutory provisions.
Oath vs voting
The requirement under Article 99 precedes a member’s entitlement to sit as a member. Article 104 separately addresses the consequences of sitting or voting before complying with the constitutional requirement.
Common Confusions
Is taking the oath or affirmation compulsory?
Yes.
Article 99 requires every member of either House to make and subscribe the prescribed oath or affirmation before taking their seat.
Can a member choose between an oath and an affirmation?
Yes.
Article 99 recognises both an oath and an affirmation, in the form prescribed by the Third Schedule.
Does the President personally administer the oath to every member?
No.
The oath may be made before the President or before a person appointed by the President for this purpose.
Where is the form of the parliamentary oath prescribed?
It is prescribed in the Third Schedule to the Constitution.
Can a person take their seat before taking the oath?
Article 99 requires the oath or affirmation to be made before taking the seat.
Sitting or voting without complying with the constitutional requirement can attract the consequence provided under Article 104.
Does Article 99 apply only to elected members?
No.
It applies to every member of either House, including nominated members of the Rajya Sabha.
Does taking the oath make an otherwise disqualified person qualified to be a member?
No.
The oath requirement is distinct from the qualifications and disqualifications governing membership.
Article at a Glance
| Point | Position |
|---|---|
| Article | Article 99 |
| Subject | Oath or affirmation by members of Parliament |
| Houses covered | Rajya Sabha and Lok Sabha |
| Persons covered | Every member of either House |
| Timing | Before taking the seat |
| Oath/affirmation before | President or person appointed by President |
| Prescribed form | Third Schedule |
| Main undertaking | Allegiance to Constitution, sovereignty and integrity of India, faithful discharge of duties |
| Related penalty | Article 104 |
| Related disqualification provision | Article 102 |
Quick Revision
- Article 99 deals with the oath or affirmation by members of Parliament.
- It applies to every member of either House.
- The oath or affirmation must be made before taking the seat.
- It is made before the President or a person appointed by the President.
- The form is prescribed in the Third Schedule.
- A member may choose between an oath and an affirmation in the constitutionally prescribed form.
- The undertaking includes true faith and allegiance to the Constitution.
- It also includes a commitment to uphold the sovereignty and integrity of India.
- The member must undertake to faithfully discharge the duties of the office.
- Article 104 provides a penalty for sitting or voting in specified circumstances without complying with the constitutional requirements.
- Article 102 deals with disqualifications for membership and is distinct from the oath requirement.
Conclusion
Article 99 makes the oath or affirmation an essential constitutional step before a member takes their seat in Parliament. It applies to members of both Houses and permits either an oath or affirmation in the form prescribed by the Third Schedule. By requiring an undertaking of allegiance to the Constitution, respect for the sovereignty and integrity of India, and faithful discharge of parliamentary duties, the provision reinforces the constitutional responsibilities attached to membership of Parliament.
