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Unconstitutionality in the Oath-taking of Dr. L. Murugan as Minister of State in Modi’s cabinet

Unconstitutionality in the Oath-taking of Dr. L. Murugan as Minister of State in Modi’s cabinet

Unconstitutionality in the Oath-taking of Dr. L. Murugan as Minister of State in Modi’s cabinet

Unconstitutionality in the Oath-taking of Dr. L. Murugan as Minister of State in Modi’s cabinet

Unconstitutionality in the Oath-taking of Dr. L. Murugan as Minister of State in Modi’s cabinet

Ref: ARMY/HO-TN/112/2021: July 15, 2021                                                       


In the Cabinet reshuffle made on July 7, 2021, Prime Minister Narendra Modi made Dr. L. Murugan a Minister of State in the expanded cabinet.  While everyone’s oath-taking went off smoothly, Dr. L. Murugan’s stirred a controversy as he has said during the oath that he hails from Kongu Nadu of Tamil Nadu!  There is no ‘Kongu Nadu’ in today’s official Indian map or in the Indian Postal directory or the very Constitution itself!  Yet, he has had audacity to say so in his oath-taking.  It was not a slip of tongue nor did he utter the same on his own but for the inducement or approval of the top level in the BJP, say, Mr. Modi/ Mr. Amit Shah/ Mr. J. P. Nadda because the latters are known to kick-start some  unwarranted controversy and sarcastically enjoy over it!  It is the fascist style!  Mr. L. Murugan is well known for servility and subservience as one started his political life from Akhil Bharatiya Vidya Parishad (ABVP), the student wing of the RSS and that was why he has been chosen for all these dirty games! Surprisingly, he is a Master of Laws and Doctorate in Law!! (M.A.,LL.M., Ph.D.!)    Yet, he could use the word which is anathema to the Constitution!  Well, to recall Dr. Babasaheb Ambedkar’s definition, a doubt arises whether he is merely an educationally qualified one  or an  intellectual too.

His ignorance or poor knowledge in Constitution is exposed in the whatsapp social media when he was talking about the terminology “Union” and he could not even refer to the Article 1 (1) of the Constitution which defines India! (“India, that is Bharat, shall be a Union of States”) and countered the usage of the word ‘Union of India’ by the Tamil Nadu Chief Minister Mr. M. K. Stalin and his Ministers as if they are using the divisive and sessionist word! It is nothing but an utter ignorance of the Constitution! It is not known whether the Law Universities prescribe the  mandatory qualification of one getting mastered in the Constitution prior to conferring the Doctorate and if not it should be done as a pre-requisite and mandatory throughout India.   The PM and the BJP top leadership wanted a ‘yes man’ to toe the lines of the party which would escape when the blame-game arises!  Now everyone started criticizing Mr. L. Murugan and not any top face hiding behind this game.  This is the game-plan of  RSS-BJP. 

Coming to the usage of the non-existent ‘Kongu Nadu’ from which Mr. L. Murugan, during his oath-taking claims to hail, it has to be categorically stated that he is not a Minister in the Cabinet of Mr. Modi as his oath-taking was in violation of the Constitution.  It can be challenged before any High Court or Supreme Court that he is not a Minister and yet he functions as a Minister and his Ministership can be declared by the Court as unconstitutional and thus a situation can warrant for his oath-taking again to fit into the Constitutional scheme.  It is not just his own audacity but the audacity of the top leaders in BJP and Cabinet with scant respect to the Constitution and  their evil political agenda of ‘dividing and ruling’. 

When Mr. Barack Obama took oath as the President of the USA on January 20, 2009, there was one word out of sequence which was contrary to the US Constitution. As per the US  Constitutional scheme, he should have taken oath as “I will faithfully execute the office of President of the United States” whereas he had mistakenly taken oath affirming, “I will execute the office of President to the United States faithfully.”   Having realized this constitutional mistake Mr. Barack Obama took oath again on the next day, Wednesday duly administered by the U S Chief Justice John Roberts.  This is a part of the history.  Can this tacit admission of mistake and corrective action resorted to by Mr. Barack Obama himself be expected from Mr. L. Murugan or Mr. Modi will venture to correct this? Never. Because it is the BJP’s hidden agenda to create confusion and chaos in Tamil Nadu as has been everywhere because their dream of riding on the AIADMK-horse did not fructify in the Tamil Nadu Assembly elections in 2021. Admitting mistakes and correcting them has never been in the DNA of BJP or Sangh parivar. 

No High Court or the Supreme Court will initiate suo motu action in this regard.  But if any citizen of India files a writ petition before any High Court or the Supreme Court of India, citing the deliberate mistake systematically committed against the Constitution, then Mr. L. Murugan has to face the music and he will be left with no option other than running to the President of India for oath-taking afresh to stick on to the ministerial berth and enjoy the position as he longs for it.   The Scheduled Caste people including Government and PSU employees have seen what kind of service he has done to the Scheduled Castes when he was the Vice Chairman of the National Commission for Scheduled Castes leaving the SCs, and even the Arundhatiyar community  which he himself belongs to, in a miserable condition when he had the authority to rescue the victims but reported to have joined hands with the oppressive caste Hindus in many cases,  if not all.


General Secretary,

Bharat Ratna Dr. Babasaheb Ambedkar Rationalist

Youth Movement (ARMY),

Chennai-600 010

Tamil Nadu, INDIA.



Amarnathan Jaison 

General secretary: Dr. Ambedkar world federation of Employees associations

General Secretary of Dr. Babasaheb Ambedkar Rationalist Youth Movement (ARMY). 

Prolific writer, social activist and author of books on Babasaheb Dr. B.R. Ambedkar