Kochi: The Kerala High Court has ruled that elected representatives in local bodies must take their oath strictly in the manner prescribed under law, declaring invalid oaths taken in names other than "God" or through a solemn affirmation.
Justice P V Kunhikrishnan, in a judgment delivered on Wednesday, held that the Kerala Municipality Act and the Kerala Panchayat Raj Act permit elected members to take oath only "in the name of God" or by making a solemn affirmation. Any addition or substitution, including references to specific deities, political figures, organisations or other entities, is not allowed under the statutes.
The ruling came while considering petitions related to oath-taking by several elected representatives. Twenty councillors of the Thiruvananthapuram Corporation had taken oath in the names of various Hindu deities, "Bharathamba", "Bharatha Matha", Gurudeva and martyrs associated with their political movement.
In a separate case, a member of the Vadakkencherry grama panchayat in Palakkad district had taken oath "by God's blessing in the name of Oommen Chandy".
The court observed that the oath taken by elected representatives is a solemn commitment to uphold the Constitution, abide by the rule of law and serve the public faithfully. Therefore, it said, the oath must be administered exactly as prescribed in the law.
Justice Kunhikrishnan clarified that while individuals are free to practise any religion and worship any deity, the statutory format for oath-taking cannot be expanded.
The court, however, declined to invalidate the election of the representatives concerned, holding that the democratic mandate granted by voters would remain unaffected.
It directed the authorities to facilitate fresh oath-taking by the affected councillors and the panchayat member within four weeks in accordance with the statutory provisions.
The court also ruled that no punitive action should be initiated against them, observing that they had acted under a bona fide belief that their form of oath was legally permissible.
For the Thiruvananthapuram Corporation councillors, the court said actions taken so far would remain protected under Section 531 of the Kerala Municipality Act.
However, it noted that the Kerala Panchayat Raj Act contains no similar protective provision. Consequently, actions carried out by the Vadakkencherry panchayat member before retaking the oath were declared invalid.
In its order, the court referred to the teachings of Sree Narayana Guru and the constitutional principle of secularism, reiterating that while people may refer to the Almighty in different ways, the law permits only an oath "in the name of God" or a solemn affirmation without further additions.
(With agency inputs from PTI)
