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Article 104 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 104 - Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

Part of the Constitutional Article

Part V

The Indian Constitution is the supreme law of land which defines the framework for the governance of the country. It underlines the structure, powers and responsibilities of various governmental bodies. Article 104 of Indian Constitution deals with the penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

Interpretation of Article 104 of Indian Constitution

Article 104 of the Constitution states -“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.”

According to Article 104 of Indian Constitution the individuals participating in parliamentary proceedings must meet the necessary qualifications and comply with constitutional requirements. The provision imposes a financial penalty of Rs.500 each day on those individuals who sit or vote in Parliament without fulfilling the necessary qualifications or taking the prescribed oath under Article 99. The penalty also extends to individuals who know they are disqualified and continue to participate in the activities of Parliament. Article 104 also states that the financial penalty is treated as a debt owed to the Union.

Conclusion

Article 104 of Indian Constitution plays an important role in maintaining the integrity of the parliamentary system. The provision provides a penalty for individuals who sit or vote in Parliament without meeting the necessary requirements. The provision acts as a deterrent to unauthorized participation and upholds the integrity of parliamentary proceedings.

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FAQs about Article 104 of Indian Constitution

Article 104 deals with the penalty for individuals who sit or vote in Parliament without taking the required oath or affirmation under Article 99, or when they are not qualified or are disqualified from holding office.

The penalty is a fine of Rs. 500 for each day that the individual sits or votes in Parliament without meeting the necessary conditions.

An individual who sits or votes in Parliament without fulfilling the necessary requirements are liable for the penalty.

The penalty is recovered as a debt due to the Union of India.

Article 104 is mentioned under Part V of the Constitution of India.
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