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Article 164 (3) of the Constitution

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Article 164 (3) of the Constitution:


Context:

As the demand for online swearing-in of the new government in Kerala gets louder, jurists say there is no legal infirmity in a government assuming office through online mode.

What does the Constitution of India say?

The Article 164 (3) of the Constitution states that “before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.”

  • There is no ban on an online event as the Constitution does not insist on a physical mode.

Need for:

  • Several organisations, including the Indian Medical Association, have favoured the online mode in the wake of the alarming spread of COVID-19.
  • Besides, the makers of the Constitution had not foreseen the advent of online world and hence there was no mention about the mode of Ministers assuming the office.

InstaLinks:

Prelims Link:

  1. Constitutional provisions related to Cabinet Ministers.
  2. Their accountability.
  3. Privileges.
  4. Article 164 (3).

Sources: the Hindu.