Haryana’s Municipal Representatives Can Only Take Oath in God’s Name, No Option for Solemn Affirmation
Chandigarh, March 22, 2025: In a peculiar legal oversight, elected Mayors, Presidents, and Members of Municipalities in Haryana are not allowed to make a solemn affirmation before assuming office. Instead, they can only swear an oath in the name of God, a practice that contradicts the constitutional provision allowing both options.
This issue has come to the forefront as 10 directly elected Mayors, 28 Presidents of Municipal Councils and Committees, and 647 Ward Members are set to take the oath of office on March 25, 2025, at a state-level ceremony in Indradhanush Stadium, Panchkula.
Legal Expert Raises Constitutional Concern
Advocate Hemant Kumar, a legal expert tracking Haryana’s governance issues, pointed out that both the Haryana Municipal Act, 1973 (which governs Municipal Committees and Councils) and the Haryana Municipal Corporation Act, 1994 (which applies to Municipal Corporations) fail to include the phrase "Solemnly Affirm" in their prescribed oath formats. This omission, he argues, violates the fundamental right of individuals to choose between an oath and affirmation, as granted by the Constitution of India.
The Constitution mandates that officials such as the President, Vice-President, Prime Minister, Chief Ministers, Union/State Ministers, MPs, MLAs, and judges are given the liberty to either swear in the name of God or make a solemn affirmation. However, Haryana’s municipal representatives do not have this choice, which is a clear constitutional inconsistency.
Congress Leaders Opted for Affirmation in Parliament
Hemant Kumar further highlighted that in 2024, top Congress leaders Sonia Gandhi, Rahul Gandhi, and Priyanka Gandhi Vadra chose to make a solemn affirmation instead of taking an oath when assuming office in Parliament. Sonia Gandhi affirmed upon entering the Rajya Sabha, while Rahul Gandhi and Priyanka Gandhi Vadra did the same in the Lok Sabha, setting a precedent for the validity of both options.
Call for Amendment in Municipal Laws
In light of this issue, Hemant Kumar has formally written to the Haryana Governor Bandaru Dattatraya, Chief Minister Nayab Singh Saini, Urban Local Bodies Minister Vipul Goel, and other key officials, urging them to amend Section 24(1) of the Haryana Municipal Act, 1973, and Section 33(1) of the Haryana Municipal Corporation Act, 1994. His demand is to incorporate the phrase "Solemnly Affirm" in the oath format, ensuring that municipal representatives have the same constitutional rights as other elected officials.
With the upcoming oath-taking ceremony just days away, whether the state government will act on this constitutional lapse remains to be seen.