Taking oath in Allah's name is constitutional
Thiruvananthapuram, July 21: The Kerala High Court said on Friday that taking oath in the name of Allah was constitutionally valid. A division bench consisting of Justice J.B. Koshy and Justice V. Ramkumar gave this judgment while dismissing a public interest petition seeking dismissal of 11 Muslim MLAs of the State who had taken their oath in the name of Allah.
The petition was filed by Madhu Parumala, vice president of the Bharatiya Janatha Yuva Morcha. The judges said that the MLAs action was constitutional since Allah was the Arabic word for God. Taking oath in the name of Allah was no different from taking oath in the name of God, they said.
According to the bench, it was not essential for elected MLAs to reflect the faith of their voters while taking oath. The MLAs had taken the oath in their personal capacity, the bench said. If the MLAs were prevented from taking oath in the name of Allah, it would undermine the secular nat-ure of the nation, the bench said. Majority of the 11 MLAs who took the oath in the name of Allah were from the Indian Union Muslim League. One was from the Congress and one was an independent supported by the CPI(M).
It may be recalled that in 2003, the HC had invalidated JSS MLA Umesh Challiyil?s taking his oath in the name of Sree Narayana Guru, the patron saint of the Ezhava community.
The HC had held that though the Guru was worshipped as God by many, taking oath in his name was not constitutionally valid.
Parumala had referred to this in his petition. He pointed out that since the 11 MLAs did not take a solemn oath or an oath in the name of God, they should be dismissed and should not be allowed to take part in Assembly sessions.
The petition was filed by Madhu Parumala, vice president of the Bharatiya Janatha Yuva Morcha. The judges said that the MLAs action was constitutional since Allah was the Arabic word for God. Taking oath in the name of Allah was no different from taking oath in the name of God, they said.
According to the bench, it was not essential for elected MLAs to reflect the faith of their voters while taking oath. The MLAs had taken the oath in their personal capacity, the bench said. If the MLAs were prevented from taking oath in the name of Allah, it would undermine the secular nat-ure of the nation, the bench said. Majority of the 11 MLAs who took the oath in the name of Allah were from the Indian Union Muslim League. One was from the Congress and one was an independent supported by the CPI(M).
It may be recalled that in 2003, the HC had invalidated JSS MLA Umesh Challiyil?s taking his oath in the name of Sree Narayana Guru, the patron saint of the Ezhava community.
The HC had held that though the Guru was worshipped as God by many, taking oath in his name was not constitutionally valid.
Parumala had referred to this in his petition. He pointed out that since the 11 MLAs did not take a solemn oath or an oath in the name of God, they should be dismissed and should not be allowed to take part in Assembly sessions.
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