Does Oath of Office and Secrecy have any Significance in Indian Context?

It is indeed a pity that in view of the immune and paralysed systems, which are prevailing and operating in this country, the concerned authorities, in position of responsibility, have kept their eyes closed to everything wrong, happening in the country.

By Col LK Anand Retd

I am unable to fathom and be convinced, why all the big wigs in the government or political hierarchy take an oath of office and secrecy? Does it really have any significance in Indian context and does it impose any responsibility upon the dignitary who takes it or it is taken just as a mere formality? What does it actually imply, for those who take it, religiously in the Rashtrapati Bhawan or any high offices of the government or even in widely attended public gatherings? Is it, merely to give the public a false impression, that they would do everything to protect the constitution or the dignity of their respective offices at all costs, may be even at the peril of their life? At least for the defence services it does so, at the peril of their life. Is it taken, just as a matter of a dignified ceremony, to give it wide media publicity, without any statutory responsibility or commitment? The oath of office and secrecy is administered right from the President down to the lowest person in the ladder. What is the legal/judicial implication, if the dignitary violates it in a deliberate or a negligent manner? Does it by any chance impose a liability of a legal action against the dignitary upon its violation? If so, which is the statutory authority which has the power to impose penalties or proceed against the violator of oath of office and secrecy?

Does the Indian constitution or the Indian Penal Code or any statutory law by any chance, have any provisions to take any action and convict, impose penalties or punish the offender, who brazenly or blatantly violates the oath of office and secrecy? If it is so, why everyone in authority has closed his eyes towards this serious offence? There is no denying the fact that, most of such authorities, taking oaths of office, could be termed as serious offenders, violating their respective oaths, day in and day out.

I would like to ask everyone of our central or state ministers or the governors of the states or even the members of parliament or of the state assemblies, whether they have been religiously upholding their oaths of office in the allotted field of activity and have not been violating it under any circumstances. I really have a doubt whether any such faithful, loyal or dignified persons exist in our political systems. In this respect a very valid and a big example is that of our own hon’ble Prime Minister, who blatantly violated the oath of office and secrecy, while publicly admitting, that he was unable to take legal/criminal  actions against some of his seriously defaulting compatriots and coalition colleagues, on the pretext of coalition compulsions. Do coalition compulsions take precedence over the constitutional responsibilities of a Prime Minister? This certainly could not be only an isolated example of dereliction of his constitutional duty and responsibility. Similarly, there would be umpteen instances of the high dignitaries, violating their respective oaths of office, in this country.

Would our legal/judicial experts like to analyse, why in such large number of instances, involving our hon'ble ministers and dignitaries, the oath of office and secrecy has been violated in actual terms, and whether they all become liable for any legal/criminal action against themselves?

It is strongly felt, that there must be a monitoring system, and an authority, like a Lok Pal or something similar, to adjudge whether the oath of office and secrecy is being meticulously observed by such hon'ble personalities and that they are not being violated, deliberately or negligently. They might as well remind them if required or advise them or guide them about the importance of observance of the oath of office and secrecy, and whenever required, bring to the notice of appropriate judicatory authorities, in the event of gross violations of the oath. At least then it could be hoped or presumed that the oath of office and secrecy would not become just an eye wash, and give the concerned authority a license and an opportunity to misuse the position and fail to administer or perform his assigned duties or to plunder the Nation’s or those of its poor citizens.

It is indeed a pity that in view of the immune and paralysed systems, which are prevailing and operating in this country, the concerned authorities, in position of responsibility, have kept their eyes closed to everything wrong, happening in the country. Their lethargy and inaction guided by gross sycophancy towards the criminally inclined ministerial authorities, their kith and kin or their near and dear ones or their subservient staff, has permitted the “India of my dreams” to be looted of large proportions of its natural assets, resources and produce, to fill their own pockets and houses and denying the benefits of these national resources towards the progress and development of this country and its most deserving and hardworking class of citizens like farmers, skilled and unskilled labourers, artisans, soldiers and so on.

This is one of the main reasons why this country has gone to the dumps due to poor governance, has become so dependent on foreign investments within the country and has failed to progress as it should have, since independence. Unfortunately, the benefits of the national assets, resources and produce as also of hard labour of farmers and workers of India, have been reaped mainly by those, who are criminals, greedy, self serving and have no real loyalty or integrity towards this great country.

We can be confident that, if the oath of office and secrecy taken by our authorities/dignitaries, is observed seriously, meticulously and strictly, the state of affairs of the country would definitely improve.

The above article was published in the Free Press Indore Edition on Sunday, 30 September 2012.