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Part VI

Article 188

Oath or affirmation by members

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule.

Version 1

Article 165, Draft Constitution of India 1948

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor or some person appointed in this behalf by him, a declaration according to the form set out for the purpose in the Third Schedule.

Version 2

Article 188, Constitution of India 1950

Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

Summary

Draft Article 165 (Article 188) was put before the Constituent Assembly on 2 June 1949. It required members of the State Legislature to make a declaration before assuming office.

The Chairman of the Drafting Committee proposed to replace the word ‘declaration’ with the phrase ‘oath or affirmation’.The amendment was accepted without debate.

The amended Draft Article was adopted on 2 June 1949.