Legislators taking oath in Allah's name valid: SC
The legislators taking oath in the name of "Allah" at the time of their swearing-in is legal and constitutionally valid, the Supreme Court says on Friday.delhi Updated: Nov 16, 2007 17:51 IST
The legislators taking oath in the name of "Allah" at the time of their swearing-in is legal and constitutionally valid, the Supreme Court on Friday said.
The apex court said swearing-in in the name of "Allah" did not amount to "infraction" of the Constitution.
"If somebody is unable to read English the oath is translated in the language he/she understands. Then will it be the infraction of the Constitution," a Bench headed by Chief Justice KG Balakrishnan observed while dismissing a petition challenging the constitutional validity of MLAs and MPs taking oath in the name of "Allah".
"Allah is an Arabic word for God so what is the problem," the Bench also comprising Justice RV Raveendran, said.
Madhu Parumala, vice president of the Bharatiya Janata Yuva Morcha, Kerala unit, had filed an appeal against the Kerala High Court's July 21, 2006 order which had upheld the validity of the oath taken by 11 MLAs in the name of Allah after last year's Assembly elections.
Madhu had contended that taking the oath in the name of Allah was violative of Article 188 and third Schedule of the Constitution under which a Member of the Legislature or Parliament has to swear only in the name of God or solemnly affirm.
When Madhu's counsel said oath by the MLAs in the name of Allah were taken for publicity, the Bench shot back "by filing such petition you are also seeking publicity".
The 11 MLAs of the Indian Union Muslim League, Indian National League and Congress had reportedly taken the oath in the name of Allah on May 24, 2006.