Observing that “it is not uncommon in the Indian society that people and their elected representatives show due deference to the sages, social reformers, and tall figures who have contributed to the upliftment of society”, the High Court of Karnataka has refused to interfere with minor variation in the format of the oath taken by 46 elected representatives as Members of the Karnataka Legislative Assembly and Ministers.
“At times, tall figures like Bhagawan Buddha (563 BCE-483 BCE), Jagajyothi Basaveshwara (1131-1196), Dr. B.R. Ambedkar (1891-1956), etc., are held as daivaansha-sambhootaas i.e., divine incarnates, which the English word ‘God’, employed in the constitutional formats in the Third Schedule [of the Indian Constitution], nearly denotes the same,” the court observed.
A Division Bench comprising Chief Justice Prasanna B. Varale and Justice Krishna S. Dixit made these observations in its recent order of dismissing a PIL petition, which had sought penal action against 37 MLAs and nine Ministers for violating the format of the oath prescribed in the Constitution. Bhimappa Gundappa Gadag of Belagavi had filed the petition.
