Constitution of India · Part VI: The States · Conduct of Business
Article 188: Oath or affirmation by members
In plain words
Before taking their seat, every member of a State Legislative Assembly or Legislative Council must take an oath or affirmation in the form set out in the Third Schedule before the Governor or a person the Governor appoints.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 188
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
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Sita Soren v. Union of India
Instant Reference pertains to reconsideration of the correctness of the view of the majority judgment in *PV Narasimha Rao’s case granting immunity from prosecution to a member of the legislature who has allegedly…
- Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr.
- Ram Pal Singh v. State of U.P. & Ors.
- Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others
- Rameshwar Prasad and Ors. v. Union of India and Anr.
- Special Reference No. I of 2002 v. .
- Mayawati v. Markandeya Chand and Ors.
- S.P. Anand, Indore v. H.D. Deve Gowda and Ors.
- Ravi S. Naik and Sanjay Bandekar and Anr. v. Union of India and Ors.