An oath taken by a legislator in the name of Allah at the time of swearing-in is legal and does not amount to infraction of the constitution, the Supreme Court said on Friday.
"If somebody is unable to read English, the oath is translated in a language he/she understands. Then will it be the infraction of the constitution?" a bench headed by Chief Justice K G Balakrishnan observed while dismissing a petition challenging the constitutional validity of members of legislative assembly and members of Parliament taking oath in the name of Allah.
"Allah is an Arabic word for God so what is the problem?" the Bench, also comprising Justice R V Raveendran, asked.
Madhu Parumala, vice president of the Bharatiya Janata Yuva Morcha, Kerala unit, had filed an appeal against the Kerala high court's July 21, 2006, order, which had upheld the validity of the oath taken by 11 MLAs in the name of Allah after the 2006 assembly elections.
Madhu 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.
When Madhu's counsel said that oaths by the MLAs in the name of Allah were taken for publicity, the bench shot back, saying, "By filing such a petition, you are also seeking publicity".
The 11 MLAs of the Indian Union Muslim League, Indian National League and Congress had taken the oath in the name of Allah on May 24, 2006.
