Constitution of India · Section Article 104
Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
Article 104 — Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
- Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.—If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union. Powers, Privileges and Immunities of Parliament and its Members
Plain English Summary
This article states that if a person sits in or votes in Parliament without first fulfilling the necessary requirements (like taking an oath under Article 99), or if they know they are not qualified or are disqualified from being a member, they face a fine. This penalty is imposed for every day they sit or vote improperly.
Key Points
- Violation: The penalty applies when someone sits or votes before completing the requirements of taking an oath (under Article 99).
- Disqualification: It also applies if a person sits or votes knowing they are not qualified or are disqualified from being a member.
- Penalty Amount: The penalty is a fine of five hundred rupees for each day the improper sitting or voting occurs.
- Debt to Union: This fine is recovered as a debt owed to the Union of India.
Why It Matters
This provision ensures that only eligible and properly sworn members participate in the legislative process, maintaining the integrity and legitimacy of Parliament.
Landmark Judgements
No major landmark judgements.