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This is an archive article published on November 17, 2007

Can take oath of office in Allah’s name, rules SC

The Supreme Court on Friday said that taking oath of office in the name of “Allah” is legally valid and doesn’t amount to infraction of the Constitution.

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The Supreme Court on Friday said that taking oath of office in the name of “Allah” is legally valid and doesn’t amount to infraction of the Constitution.

Dismissing a petition filed by Madhu Parumala, vice-president of Bharatiya Janata Yuva Morcha, Kerala, a bench comprising Chief Justice K G Balakrishnan and Justice R V Raveendran upheld a Kerala High Court ruling which said that taking oath in the name of Allah is taking oath in the name of God.

“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?” the court remarked, unwilling to accept the appellant’s submissions, who had challenged the Constitutional validity of MLAs and MPs taking oath in the name of Allah, as it was an Arabic word. He had urged the Court to set aside the swearing-in of 11 MLAs of the Indian Union Muslim League, Indian National League and Congress, who had taken the oath in the name of “Allah” on May 24, 2006.

When Parumala’s counsel said oath by the MLAs in the name of Allah were taken for publicity, the Bench commented: “…by filing such a petition you are also seeking publicity.” The petitioner 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.

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