How do MPs take oath? What if an MP is in jail?

The 18th Loksabha election has recently concluded and the process of oath taking started on the first day of the session. The Prime Minister and his cabinet have already been sweared by the president of India, and the other members of the Loksabha are sweared by the Loksabha speaker.

Bhartihari Mehtab, a seven time MP from Cuttack, Orissa has been selected as the protem speaker of the Loksabha and he will administer the oath of office to the Loksabha members. Once the oath is completed, the MP become eligible to take participate in the debate and can give vote in the Loksabha on any bill.

If an MP who has won the election but has not taken oath is not entitled to take participate in the daily routine affairs of the Loksabha as well as he or she can not give vote.

What about MPs who are in jail.

If a person who is elected in the Loksabha, but he is in jail then he must have oath within 60 days, otherwise his or her candidature will be lost. Generally it has been seen that an elected MP or MLA gets interim bail from the court to take oath.

Article 104 of the Indian constitution has a provision of fine from the elected MPs if he or she not takes oath in a stipulated time.

Benifits of elected MPs

Once the MPs take oath, all kinds of perks and facilities like salary, allowances, pension/, etc starts automatically from the day of oath taking. The oath taking ceremony is held in the Rashtrapati Bhawan, not in the parliament.

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