Answer By law4u team
Constitution of India Article 193: 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.
Brief Detail
Article 193 imposes a penalty on any individual who sits or votes as a member of the State Legislature without fulfilling the requirements of taking an oath (under Article 188), or when they are disqualified or not qualified to hold such a position. This penalty of 500 rupees per day is recoverable as a debt due to the State.
Question & Answers
What penalty does a person incur if they vote or sit in the legislature without fulfilling the necessary requirements?
If a person sits or votes in the State Legislature without taking the required oath (under Article 188), or if they are disqualified or not qualified, they will incur a penalty of 500 rupees for each day they do so.
How is the penalty recovered?
The penalty is recovered as a debt due to the State, meaning it can be legally enforced through the appropriate legal mechanisms.
Example
For instance, if a member of the Legislative Assembly starts attending sessions and voting before taking the required oath under Article 188, or if they know they are disqualified (perhaps due to holding an office of profit), they will be penalized 500 rupees for each day they attend or vote unlawfully. This fine is to be recovered as a debt owed to the State.
Summary
Article 193 serves as a deterrent against improper participation in legislative functions by those who are either unqualified or disqualified. It ensures compliance with constitutional requirements for members before they perform their duties as elected representatives.
