What Is Constitution Of India Article 104?

Constitution Of India Article 104: Penalty for Sitting and Voting Without Qualification or Under Disqualification

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.

Brief Detail

Article 104 imposes a monetary penalty on any person who sits or votes in Parliament without meeting the qualifications under Article 99, or when disqualified by law or other provisions. The penalty is ₹500 for each day of such violation, recoverable as a debt owed to the Union.

Question & Answers

What is the penalty for sitting or voting in Parliament without meeting the qualifications?

A penalty of ₹500 per day is imposed on the person, recoverable as a debt due to the Union.

Under what conditions does Article 104 apply?

The article applies if a person: 1. Fails to take the oath or affirmation under Article 99. 2. Knows they are not qualified to be a member. 3. Knows they are disqualified under any law made by Parliament.

Example

If a person elected as a Member of Parliament begins attending sessions without taking the required oath under Article 99, they will incur a penalty of ₹500 for each day they sit or vote in the House.

Summary

Article 104 ensures accountability by penalizing individuals who participate in Parliamentary proceedings without fulfilling the necessary qualifications or while being disqualified, thereby upholding the integrity of the legislative process.