Oath Taking- Need for a re-look into the Constitutional requirements.

History was made on 20th January 2009, when an African American took the Oath of Office in full view of the estimated 2.5 million cheering fellow Americans. The whirlwind of extravagant inauguration and the administration of Oath by the Chief Justice of the Supreme Court, was in full compliance with the prescription in Article II Section I of the American Constitution. The fact that President Obama flubbed, stuttered steps, misplaced the word 'faithfully' due to miscues from the Chief Justice, has sent many legal luminaries in a tizzy and one legal wizard has gone to the extent of spelling out need for taking fresh Oath of Office, et al. Since doubts were raised and consternation expressed by eminent legal pundits, President Obama has re-taken the Oath of Office (on 21st January 2009) administered by the Chief Justice in a private function held in the Oval Office (White House) this puts to rest any future speculation besides addressing any question of legitimacy that his presidency may face. In India, the largest democracy in the world, the transition of power from one political party to another has never been an issue. It has been smooth all through these sixty odd years. The problem in India, therefore, has been palpable lack of governance, and unity of purpose, in the interregnum period covered by two general elections for the Lok Sabha. We are witness to ugly scenes, disorderly behaviour, fisticuffs, hurling of microphones in the hallowed precincts of the State Assemblies. But we have never heard of single instance of any MLA or MLC being named by the Speaker / called upon to pay for the colossal damage caused by him etc. This culture has to end and we have to imbibe the Unity of Purpose; dignity in the conduct of assembly proceedings, if we are to progress and go beyond mouthing empty slogans like removal of poverty.This digression from the main topic was considered necessary by this writer, only to bring home the message that it is in this milieu, the newly elected legislators entering these precincts of God's Work, get to cut their political teeth. The inscription in the polished stone above the foot steps of Vidhana Soudha (Karnataka) reads as " Government Work is God's Work"They also learn, in double quick time, all the ropes / kit for their own survival.One of the first lesson they learn is, how best and how fast, they can utter few words in praise of their leader/s, which of course, is pure ghee, honey and music to the ears of that leader/s. So, these legislators come armed with quiver full of choicest arrows. The arrows have to be so skilfully designed so as to be aerodynamic and find its target with built in homing device. In the words of Swami Vivekananda: " Can the ice resist melting, under the caressing rays of the Sun?"So our legislative members have fashioned a new all-weather proof arrow which they string to the bow of oath taking. The political demonstration of this prowess was exhibited when one newly elected lady legislative member took the oath in the name of women of that State. Not wanting to be outdone, another lady member took the oath in the name of the first lady legislative member's father-in-law and the latter's two sons, by explicitly uttering their names, and only finally, in the name of the revered freedom fighter Kittur Rani Chenamma.This illustrates an imperative need for taking a re-look at the requirements of the Indian Constitution, which, otherwise, gives the legislative members, poetic freedom to take oath in the name of anyone/anything. The legislative member owes his first allegiance to his constituency and the electorate who voted him into the assembly, in the first place, and then submit himself to party discipline.Contrast this with the unalterable prescription in the American Constitution. It specifies oath consisting of 35 words with "So help me God" being added, though not originally included in their Constitution, but that which has become a part of presidents traditional oath taking. If we want to be recognised by the whole world as a largest functioning democracy, we also have to agree and put in place 'Structured Oath ' and brush aside all obstructive view points. The question is that of Legitimacy, National Identity and respect for Rule of Law.If need be, we should not fight shy of revisiting the Constitutional requirements framed by our founding fathers.K K Luthria