Constitution of India · Section Article 193
Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
Article 193 — Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
- Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.—If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, 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 or the Legislature of the State, 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 State. Powers, Privileges and Immunities of State Legislatures and their Members
Plain English Summary
This article states that if a person sits in or votes in a State Legislative Assembly or Council without first fulfilling the necessary requirements (like taking an oath under Article 188), or if they know they are not qualified or are disqualified from being a member, they can be fined. The penalty is a fine of five hundred rupees for every day they sit or vote improperly.
Key Points
- The penalty applies when a person sits or votes before completing the requirements of Article 188 (like making an oath).
- It also applies if a person knows they are not qualified or are disqualified from holding that office.
- Disqualification can be due to laws made by Parliament or a State Legislature.
- The penalty is a fine of ₹500 for each day the improper sitting or voting occurs.
Why It Matters
This article ensures that elected representatives meet the basic legal prerequisites before they can participate in legislative functions, maintaining the integrity of the state's law-making body.
Landmark Judgements
No major landmark judgements.