1990 INSC 0001
                                                    K. M. Sharma

                                                           Vs

                                                 Devilal and Others

                                     Writ Petition (Civil) No. 1269 of 1989

                                      (Ranganath Misra, M.M. Punchhi JJ)

                                                      09.01.1990

                                                        ORDER

1. Two contentions were raised by the petitioner in this writ petition challenging the appointment of
respondent 1, Shri Devi Lal as Deputy Prime Minister of India :

                  (i) that the oath administered to him as Deputy Prime Minister was not the oath in
                  accordance with the prescription of the Constitution; and

                  (ii) he was still functioning as the Chief Minister of Haryana when the oath of office
                  of his new assignment was administered to him.

2. Pursuant to notice, two affidavits have been filed - one by respondent 1 and the other on behalf of
the Union of India. In the affidavit of respondent 1 certain precedents have been relied upon and the
practice which has been followed ever since the Constitution came into force has been referred to.

3. Learned Attorney General appearing on behalf of the Union of India has stated that the from
prescribed in the Third Schedule pursuant to the requirement of Article 75(4) of the Constitution is
only for a minister of the Union and there is no separate form even for the Prime Minister. Since the
Prime Minister is also a member of the Council of Ministers, he takes the same oat has the other
ministers are required to take. He maintains that yet in view of the fact that the Constitution
describes him as the Prime Minister, while being sworn into office, he describes himself as Prime
Minister and this practice is in vogue ever since 1950. The oath register is by the incumbent signed
as Prime Minister and all other ministers sign as ministers. He further indicates that describing Shri
Devi Lal as Deputy Prime Minister is descriptive only and for all purposes he is a minister and there
is no constitutional sanction for the post of Deputy Prime Minister as such.

4. Relying on a bench decision of this Court in the case of Virji Ram Sutaria v. Nathalal Premji
Bhanvadia ((1969) 1 SCC 77 : (1969) 2 SCR 627), learned Attorney General further contends that
the prescribed oath should be divided into two parts, one which is descriptive and the other which
contains the substantial part. And according to him, as long as the substantial part is properly
followed, a mere mistake or error in the descriptive part would not vitiate the oath.

5. This Court in the reported decision said :

                  "In this case, as we have already noted, the essential requirement of Article 173 read
                  with Form VII-A was that the person taking the oath or making the affirmation
                  would bear true faith and allegiance to the Constitution and uphold the sovereignty
                  and integrity of India. The words which precede this portion are merely descriptive
                  of the person and of his nomination as a candidate."

6. In view of the clear statement made by the learned Attorney General that respondent 1 is just a
minister like other members of the Council of Ministers though he has been described as Deputy
Prime Minister but the description of him as Deputy Prime Minister does not confer on him any
powers of the Prime Minister, along with his other submissions, we think the first contention raised
by the petitioner has no force. So far as the second contention is concerned, the petitioner himself
does not press it.

7. We accordingly reject the writ petition for the reasons indicated above. No costs.

</html