The Kerala High Court’s recent ruling on oaths is about the accountability of elected representatives to the law they are sworn to uphold. By directing councillors to retake their oaths in the manner prescribed by statute — either “in the name of God” or through a solemn affirmation — the court has reinforced a fundamental democratic principle that seems all but forgotten. An elected representative is bound by constitutional and legal obligations, not personal, political, or ideological preferences.
An oath-taking
The Kerala High Court’s recent ruling on oaths is about the accountability of elected representatives to the law they are sworn to uphold. By directing councillors to retake their oaths in the manner prescribed by statute — either “in the name of God” or through a solemn affirmation — the court has reinforced a fundamental democratic principle that seems all but forgotten. An elected representative is bound by constitutional and legal obligations, not personal, political, or ideological preferences.
An oath-taking ceremony is the expression of a commitment to serve citizens faithfully, respect the Constitution, and exercise authority within the ambit of the law. The high court rightly observed that elected representatives, when taking office, are making these promises to the electorate. If an elected representative can flout statutory requirements when they are just being initiated into office, what stops them from bending legal norms in governance itself? Not that an oath has ever prevented some from doing exactly that. It hasn’t even stopped many of them from exchanging blows, as happened yesterday in Thiruvananthapuram Municipal Corporation office.
The essence of democracy is the strength of institutions and procedures. Legal compliance is not an optional activity for an elected representative. The court’s decision sends a clear message that no elected representative is above the law. Accountability may not end but it certainly begins with the oath of office. By insisting on strict adherence to the prescribed form, the judiciary has delivered a rap on the knuckles of those who attempt to score political brownie points and privilege personal convictions over their constitutional duty.
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