Star Law report
Appeal Against Kerela High Court
Controversy overruled
Zahidul Islam Biswas
Recently Indian Supreme Court encountered a very interesting but important case. It was actually an appeal case against a Kerala High Court judgment. This is interesting because it provided a good humour for the common people. At the same time it is important because it created some sort of tensions among Muslims in India. After all it involved questions of constitutionality and right to religion.
However, the fact of the case is simple. After being elected in 2006 Assembly elections, 11 MLAs of the Indian Union Muslim League, Indian National League and Congress had taken oath in the name of Allah on May 24, 2006. It was not an unprecedented phenomenon for Muslim MLAs to swear in the name of Allah. But this time, Madhu Parumala, vice president of the Bharatiya Janata Yuva Morcha, Kerala unit, could not bear it. He filed a case in the Kerala High Court against this oath taking as 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.
After hearing, Kerala High Court did not found any logic in favour of Madhu Parumala and upheld the constitutional validity of the oath. But Madhu was not content with the judgment of Kerala High Court. So, he appealed against it in the Supreme Court. But the Supreme Court also frustrated this leader.
On 16 November 2007, the Supreme Court of India passed its judgment declaring that the legislators taking oath in the name of "Allah" at the time of their swearing-in is legal and constitutionally valid. While the issue is final herewith, a few conversations during the proceeding are quite sharable.
While dismissing a petition the Supreme Court bench headed by Chief Justice K G Balakrishnan posed a question, 'If somebody is unable to read English the oath is translated in language he/she understands. Then will it be the infraction of the Constitution?' Then the apex court observed that swearing-in in the name of 'Allah' did not amount to 'infraction' of the Constitution.
Another judge of the bench Justice R V Raveendran said, 'Allah is an Arabic word for God, so what is the problem?' Problem is that, as Madhu's counsel said, oaths by the MLAs in the name of Allah were taken for publicity.
'By filing such petition you are also seeking publicity.'
The bench shot back.
Zahidul Islam Biswas, an advocate of the Supreme Court of Bangladesh, is currently with the Centre for the Study of Law and Governance, JNU, New Delhi.
