JUDGMENT

ORDER:- Two contentions were raised by the petitioner in this writ petition challenging the appointment of respondent No. 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 the respondent No. 1 and 529 the other on behalf of the Union of India. In the affidavit of respondent No. 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 form prescribed in the Third Schedule pursuance to the requirement of Art. 75(4) of the Constitution is only for a Minister of the Union and there is no separate form even or the Prime Minister. Since the Prime Minister is also a member of the Council of Ministers, he takes the same oath as the other ministers are required to take. He