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TOP STORIES Nov 17, 2007




Oaths taken by legislators in the name of Allah are constitutionally
valid: SC
Saturday November 17 2007 00:00 IST
Prabhakar Rao Voruganti

NEW DELHI: Supreme Court on Friday showed its disinclination to
entertain a Special Leave Petition filed by Madhu Parumala alleging
that 11 Muslim members of the Kerala Assembly taking their oath in
the name of Allah is unconstitutional.

A bench comprising Chief Justice K G Balakrishnan and Justice R V
Raveendran dismissed the SLP filed challenging the Kerala High Court
in this regard. Counsel appearing for the petitioner submitted to the
Bench that the Constitution says the oath should be administered in
the name of God and it does not permit taking oath in the name
of 'Allah'. Therefore, oath can be taken only in the name of God.

Article 188 of the Constitution provides for taking oath and Third
Schedule of the Constitution prescribes the manner. A member can take
oath by saying, "I swear in the name of God" or "I solemnly affirm".
But, in the given case, the Indian Union Muslim League (IUML) MLAs
took the oath in the name of Allah and whether it is permissible, the
counsel argued. The Special Leave Petition was filed challenging the
Kerala High Court order which said, "When a person belonging to
Muslim community takes oath in the name of Allah, he/she is not
violating any constitutional provisions. Constitution permits (one)
to take oath in the name of God."







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