Elected representatives cannot modify/expand the statutory oath by adding names of deities, political martyrs, organisations, or public figures. Oaths taken in names of deities/martyrs/movements are invalid.
Key Points:
1. Statutory form must be followed: Section 152 Kerala Panchayat Raj Act + Section 143 Kerala Municipality Act + Article 188 Constitution prescribe oath "in the name of God" or "solemn affirmation" only. No expansion allowed. When statute prescribes a manner, it must be done that way alone.
2. Personal faith vs statutory duty: Citizens can believe in any deity/spiritual figure personally. But statutory oath is not for personal expression. “We need not expand God by name... God is one for all.”
3. Reasoning: If expansions allowed, there’s no stopping point. Court gave examples: parent, teacher, political leader, Veerappan, Oommen Chandy. Would let everyone rewrite oath per personal belief = limitless variations, destroys uniformity.
4. Precedent: Court preferred Haridasan Palayil 2003 over Madhu Parumala 2006. Even Muslim oath “in name of Allah” is okay because “Allah” = “God”, not expansion. But adding specific names like “Rama, Krishna, Jesus, political martyrs” = expansion.
5. Philosophy cited: Sree Narayana Guru’s “One Caste, One Religion, One God for Humankind” + Rig Veda “Ekam Sat Viprah Bahudha Vadanti” - Truth is one, wise call it by many names.
Outcome:
Invalidated oaths. Directed State Election Commission to conduct fresh oath-taking within 4 weeks in prescribed form.
One-line takeaway: You can believe in any god, but the law’s “God” cannot be expanded with names.
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