Kerala High Court gave a big decision in the oath dispute of councilors in Thiruvananthapuram. The court said that the elected councilors will have to take oath as per the law. The court had declared the oath of 20 BJP councilors of Thiruvananthapuram Municipal Corporation illegal. Justice P.V. Kunhikrishnan said in his decision that according to law, oath can be taken only in two ways. 'In the name of God' or 'solemnly affirmed'. The court said that while taking the oath, it is not allowed to add the name of any particular deity, Mother India, any leader or martyr.
The court said that the duty of a public representative is to respect the Constitution, follow the rule of law and serve the public honestly, hence the oath should be administered in exactly the same form as prescribed in the law. Justice Kunhikrishnan said that citizens have complete freedom to worship any deity or follow any religion, but any addition or change in the format of the oath is not acceptable in law. The court said that despite the error in the process of taking the oath, his election would remain valid.
The court directed the concerned authorities to make arrangements for these councilors and Gram Panchayat members to take oath again as per the law within four weeks. The court also said that no punitive action should be taken against him, because he had taken the oath in good faith believing that his method was legally valid.
Actually, 20 councilors in Thiruvananthapuram took oath in the name of different Hindu deities, Mother India and martyrs. In another case, a Gram Panchayat member of Palakkad district had taken oath 'in the name of Oommen Chandy by the grace of God'. Kerala High Court said that nothing extra can be added to it.
