The Constitution of India
Article 104
Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
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.
Why this exists
The framers wanted to ensure that only properly sworn-in and legally eligible members exercise the powers of Parliament, such as voting on laws. Article 99 makes the oath a precondition for participation, and Article 104 backs this up with a financial penalty to deter people from acting as members before fulfilling this requirement or despite knowing they are ineligible, preserving the integrity and legitimacy of parliamentary proceedings.
Common misconceptions
- Myth: The penalty applies even if the person didn't know they were disqualified.
Fact: The Article specifies the penalty applies when the person 'knows' they are not qualified or disqualified, meaning knowledge or awareness is part of the requirement for that part of the rule (though sitting before taking the oath is treated separately, without needing 'knowledge'). - Myth: This Article can remove or unseat the member.
Fact: Article 104 only imposes a monetary penalty; it does not itself expel or disqualify the member from their seat, that comes from other constitutional provisions.