Article 104 of Constitution of India – Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
Article 104 of Constitution of India deals with Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
Original Text of Article 104 of Constitution of India
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.
Questions related to Article 104 of Constitution of India
Article 104 provides a penalty for any person who sits or votes in Parliament without taking the required oath/affirmation or if they are disqualified, as per the Constitution of India.
The member shall be liable to pay a fine of ₹500 for each day they sit or vote without being qualified or before taking the oath—this penalty is enforceable under the Articles of Indian Constitution.
Yes, Article 104 applies to both Houses of Parliament, ensuring that only qualified and sworn-in members participate in proceedings, in accordance with the Indian Constitution.
Yes, there have been discussions and legal references in Indian Kanoon where Article 104 was cited, especially in matters of improper voting or attendance by disqualified MPs.
It protects the integrity of the legislative process by ensuring that only legally entitled members can influence parliamentary decisions, reinforcing constitutional discipline under the Constitution of India.
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