BHIMAPPA GUNDAPPA GADAD Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) Petitioner claiming to be a public spirited citizen, is invoking the PIL jurisdiction of Writ Court with the following plural prayers:

(2.) The thrust of submission of learned counsel appearing for the petitioner is as to non-compliance of the requirement of the format of oath taking by the respondents. He argues that the respondents, some of whom took oath as Ministers, one of them took oath as the Speaker of the Legislative Assembly and others took oath as the Members of Legislative Assembly, have committed the breach of constitutional imperative enacted in Article 188 read with Schedule III of the Constitution of India, and therefore, all they should be disqualified. He also submits that the private respondents should be asked 'to pay penalty fine as prescribed under Article 193 of the Constitution of India, for each day of attending of office/assembly.' sic

(3.) Having heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for respondent No.1 and having perused the papers, we decline indulgence in the matter inasmuch as the oath has been taken in substantial compliance of the format. It is not uncommon in the Indian society that the people and their elected representatives do show due deference to the sages, social reformers and tall figures who have contributed for the upliftment of society, more particularly, of downtrodden Sec. . 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 Third Schedule, does nearly denote the same. It is said in Kannada 'devanobba, naama halavu' nearly meaning that: God is one, though he is called by multiple names. This is in line with what Brihadaaranyaka Upanishad states: "ekam sat vipra bahudha vadanti" which literally means that, truth is one and the wise call him with various nomenclatures. It is significant to note that, the format permits God neutral oath taking.