Law4u - Made in India

What Is Constitution Of India Article 104?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Nootan Singh Thakur

Advocate Nootan Singh Thakur

Civil, Consumer Court, Family, Property, Landlord & Tenant, Divorce, Documentation, Criminal, Cheque Bounce, Wills Trusts, Revenue

Get Advice
Advocate Manish Mishra

Advocate Manish Mishra

Cheque Bounce, Consumer Court, Court Marriage, Divorce, Insurance, Motor Accident, Property, R.T.I, Revenue, Wills Trusts, Criminal, Anticipatory Bail, Succession Certificate, Family, Domestic Violence, Documentation, Civil

Get Advice
Advocate Maneesh Kumar Nigam

Advocate Maneesh Kumar Nigam

Anticipatory Bail, Cheque Bounce, Criminal, Consumer Court, Divorce, Family, Domestic Violence, Motor Accident, R.T.I

Get Advice
Advocate Hitesh Dubey

Advocate Hitesh Dubey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Corporate, GST, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Criminal, Cyber Crime, Domestic Violence, Family, Documentation, Divorce, High Court, Immigration, International Law, Insurance, Labour & Service, Landlord & Tenant, Property, Patent, Motor Accident, Medical Negligence, Media and Entertainment, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue, Customs & Central Excise, NCLT

Get Advice
Advocate Sindhu Mathew

Advocate Sindhu Mathew

Criminal, Divorce, Anticipatory Bail, Domestic Violence, Motor Accident, Documentation, Child Custody, Family

Get Advice
Advocate Aadil Raza

Advocate Aadil Raza

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Md Kasim Wasim

Advocate Md Kasim Wasim

Landlord & Tenant,Muslim Law,Property,Recovery,Civil,

Get Advice
Advocate Deepak Raj

Advocate Deepak Raj

Banking & Finance, Cheque Bounce, Divorce, Domestic Violence, High Court, Property, Revenue

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.