http://dailyasianage.

com/news/23938/oath-by-unosdcs-against--spirit-of-democracy

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