Constitution Grants Liberty to Every Citizen to Choose Between Oath or Affirmation: Adv Hemant Kumar

Chandigarh, March 24, 2025 (Yes Punjab News)

It may appear weird but it’s actually true that the form of Oath for elected representatives viz. Mayors, Presidents and Members (a.k.a. Councillors) of urban local /municipal bodies in the State as specified in both Haryana Municipal Act, 1973, which governs all Municipal Committees & Municipal Councils and Haryana Municipal Corporation Act, 1994, which applies to all Municipal Corporations, is not in accordance with the Constitution of India.

On Tuesday, 25 March 2025 recently 10 direct-elected Mayors, 28 directly elected Presidents of Municipal Councils and Municipal Committees as well as representatives from all 647 Wards of such Municipalities, who are legally called Members in Haryana since the term Councillor has not been used in both Municipal Statues of Haryana are scheduled to take Oath of allegiance at a State Level function to be organized at Indradhanush Stadium in Panchkula district.

Meanwhile, Hemant Kumar, an Advocate at Punjab & Haryana High Court who also keeps a close eye on administrative and political developments in Haryana shared an interesting but significant legal (constitutional) point regarding the form of Oath for elected Mayors/Presidents/Members of all Municipalities in the State as specified in Section 33(1) of Haryana Municipal Corporation Act, 1994 and Section 24(1) of Haryana Municipal Act, 1973 does not mentions the words “Solemnly Affirm” which is used to make and subscribe “Affirmation” in case any elected Municipal representative chooses or prefers not to take Oath by swearing in the name of God.

Hemant asserts that even the Constitution of India, which in its various Articles as well as Third Schedule incorporates forms of Oath(s) for different elected constitutional functionaries like President of India, Vice-President of India, Union/State Ministers including Prime Minister of India/Chief Minister of the State, Members of Parliament and Members of State Legislatures etc. as well as for persons appointed as Chief Justice/Judge of Supreme Court and High Court(s) mentions enabling provisions (words) for both i.e. Oath (swear in the name of God) as well as for Affirmation (solemnly affirm).

Interestingly, last year in 2024 Sonia Gandhi after being elected to Rajya Sabha from Rajasthan as well as his son Rahul Gandhi, who got elected to Lok Sabha in General Election to 18th Lok Sabha in April-May 2024 from Rae Bareli in Uttar Pradesh and thereafter Priyanka Gandhi Vadra was elected in Nov,2024 in a Bye-election from Wayanad seat in Kerala, the seat which was vacated by Rahul since he got elected from two seats, all of three above, which can be referred as top troika of grand old Congress party, made Solemn Affirmation in respective House of Parliament viz. Sonia in Rajya Sabha and Rahul and Priyanka in Lok Sabha in lieu of taking Oath by swearing in the name of God.

Be that as it may, in view of the above, Hemant has written to Haryana Governor Bandaru Dattatraya, Chief Minister Nayab Singh Saini, State Urban Local Bodies (ULB) Minister Vipul Goel, Commissioner & Secretary of ULB Department Vikas Gupta, Director General of ULB Deptt.

Pankaj, Legal Remembrancer (LR) cum Law Secretary Ritu Garg and Dhanpat Singh, State Election Commissioner, Haryana for effecting appropriate amendment(s) in both prevalent Section 24(1) of Haryana Municipal Act, 1973 as well as Section 33(1) of Haryana Municipal Corporation Act, 1994 so as to include/incorporate the words “SOLEMNLY AFFIRM” within the form of Oath as mentioned therein.