Oath by unosdcs against spirit of democracy

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Oath by UNOs/DCs against spirit of democracy M. S. Siddiqui

04 July 2016

Oath is a swearing to tell the truth, the whole truth and nothing but the truth. Oath means an

oath administered or taken for any purpose as defined in 'The Oaths and Declaration Act', 1957 of New Zealand. It is a solemn declaration of truth or obligation whether in judicial proceedings or otherwise. Oath in an individual's appeal to Almighty to witness the truth of what he or she is saying or a pledge to do something enforced by the individual's responsibility to answer to Almighty. Any type of attestation by which an individual signifies that he or she is bound in conscience to perform a particular work truthfully and gainfully. It is a solemn decoration of truth or obligation whether in judicial proceedings or otherwise.

The earliest record of an oath with an appeal to God is in the book of Genesis. To the Greeks, the oath was a manifestation by the oath taker that he made a person's statement or testimony while under a present feeling of duty to a god or gods. In ancient Greece, the oath was a critical part of judicial proceedings. The Greeks viewed the oath as an appeal to their god "Oath". The oath served three functions: first, as a solemn promise or declaration to tell the truth; second, as an appeal to a god or gods who would guarantee the promise; and third, as a "religious sanction" in the nature of a threat of punishment if the oath taker committed perjury. Oaths were very popular among the Egyptians, Carthaginians, Persians, Romans, and Jews as a means of ensuring truthfulness.

The British common law rule has similar appeal to Almighty, however, excluded only persons, such as atheists, who believed in no supernatural being. Members of non-Christian religious sects could be sworn according to the particular form of their religion. Later, during the reign of Queen Victoria, the British Parliament first authorized the others making of a declaration of their religious faith, and then later, an affirmation to tell the truth. These alternatives allowed atheists and other believers to testify.

Oaths are divided in to three categories (a) promissory, (b) assertory, (c) judicial and extra judicial. The Promissory may be classed some of those taken by public officers on entering into office to uphold the constitution, and to perform the duties of the office. Assetory oaths are required by law, to assert the fact to true to some authorities but not judicial proceeding nor from officers entering into office. Judicial oaths, or those administered in judicial proceeding as accused, applicant or witness. Extra-judicial oaths are those taken without authority of law, which though binding in foro conscientiae, do not render the persons who take them liable to the punishment of perjury, when false.

Oaths are also divided into various kinds with reference to the purpose for which they are applied; as oath of allegiance, oath of calumny, oath ad litem, decisory oath, oath of supremacy, and the like. Immigrants usually take of oath of allegiance during formal awarding citizenship to other country than country of birth. The Constitution of all the countries has mandated that all government elected representative must take an oath or an affirmation, and the jurors and witnesses must also.

Therefore, every person holding an elected office under the constitution or laws of this state may

administer oaths of office to persons elected or appointed to offices under the constitution or laws of the state if those persons are elected or appointed to offices created under constitution.

The President, Speaker of the Parliament, Justices of Supreme Court, Members of the Parliament, Prime Minister and other members of the cabinet are elected public officials use to take oath to assume the responsibilities. Some officials like Controller of Auditor General, Members of Public Service Commission etc are nominated position require oath by relevant authorities under the constitution or laws of this state.

A spoken oath is generally sufficient in many countries; however, a written and signed oath may be required by law. When an oath of office is required to be certified in writing, the person taking the oath shall write the person's signature immediately under the text of the oath. In Bangladesh, the entire oath is both for pronouncement and also signing the oath. The person administering the oath under authority of this section shall then write the administering person's name and signature, the title of the elected office that the administering person holds, and the date and shall affix the seal of office if a seal is prescribed for, or has been adopted by, the administering person's office.

The convention of administering oath is by elected persons and under oath except as otherwise specifically required by statute; an oath of office may be administered by: A justice of higher court, judge of lower court, and judicial magistrate, or any other official of the court. In order for an oath to be legally effective, it must be administered by a public official. The law creating each public office and describing the duties of the official ordinarily indicates who is authorized to administer the oath of office.

The oaths to be taken by a person elected or appointed to any other office or post shall, except in cases in which it may be otherwise directed by law. The oaths to be taken by a person elected a member of the Parliament shall be administered by Speaker of the house. The office of Speaker does not ceased until new Speaker of elected and sworn-in The members of 5th Parliament has the exception as MP elects refuse to take oath from incumbent Speaker of 4thth Parliament after political changeover of 1990. The than caretaker government promulgated a rule make a provision allowing the Chief Election Commission to administer the oath of newly elected Parliament.

According to law of Bangladesh, Chairman of a Zila Parishad shall, before he enters upon office, make an oath or declaration in the following form to a person determined by the government, and shall sign an oath document or declaration document. The Local Government (Union Parishads) Act, 2009 (Sec 28) said The Chairman and members shall take oath before government authorized persons and sign the oath. It does not mean the officer will administer the oath.

The Municipality and Thana Parishad (Oath of office) Rules, 1977 has a provision of administer the oath at the office of respective Union Parishad or any other public place before circle officer

or any other officer as may be authorized by the prescribed authority……… as elected Chairman and Member under section no 25 of Local government Ordinance, 1976. This rule has only provision of oath before Circle officer but not conducting the oath.

The Constitution (article 59) empowered of Administration and the work of public officers and government has been given responsibility to pass Law on this purpose. LGRD Ministry has rule for local representatives to take oath conducted by official of administration like Upazila Nirbahi Office (UNO) and Deputy Commissioner (DC) ingoring spirit of democracy and supremacy of people's mandate. The elected representative should take oath administered by persons under oath or from members of judiciary.

Oath of local government elected members by bureaucrats against the convention and spirit of democracy. It used to give a wrong signal of supremacy of administration over elected public representatives. The existing Local government laws and regulation weaken the institution since the authority and power are shared by bureaucrats and elected law makers. The rule of oath should be corrected as early as possible to uphold the dignity of elected representatives.

The writer is a Legal Economist