Article 104 of Indian Constitution: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.
Article 104 – 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.
Here’s the FAQ in English based on Article 104 of the Constitution of India:
1. What is the purpose of Article 104?
The purpose of Article 104 is to ensure that only eligible individuals are allowed to sit or vote in either House of Parliament (Lok Sabha or Rajya Sabha). If a person does not meet the necessary qualifications, or if they are disqualified, they are prohibited from participating in parliamentary proceedings. This article imposes a penalty of ₹500 per day for each day a person illegally sits or votes in Parliament without meeting the required qualifications.
2. What are the conditions under Article 99, and how is it related to Article 104?
Article 99 requires that a member of Parliament (MP) must take an oath or affirmation before assuming their seat in either House. If a person sits or votes in Parliament without fulfilling this requirement (i.e., taking the oath), they are violating Article 104. Such a violation makes the person liable to a penalty.
3. What happens if a person knowingly sits or votes in Parliament while being disqualified?
If a person knows they are disqualified (for example, under Article 102 or any other law), but still sits or votes in Parliament, they are liable to a penalty of ₹500 for each day they continue to sit or vote illegally. The penalty is imposed for every day the person participates in Parliament in violation of the law. This fine can be recovered as a debt due to the Union of India.