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 Raman Sahu

Advocate Raman Sahu

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

Get Advice
Advocate Shubham Sharma Dausa

Advocate Shubham Sharma Dausa

Anticipatory Bail, Arbitration, Armed Forces Tribunal, 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, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Naresh Kumar

Advocate Naresh Kumar

Anticipatory Bail, Cheque Bounce, Civil, Criminal

Get Advice
Advocate Gaikwad Santosh Arjunrao

Advocate Gaikwad Santosh Arjunrao

Anticipatory Bail, Cheque Bounce, Court Marriage, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, R.T.I, Succession Certificate

Get Advice
Advocate Dinesh Singh

Advocate Dinesh Singh

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Family

Get Advice
Advocate Lokenath Shaw

Advocate Lokenath Shaw

GST, Tax, Revenue, Trademark & Copyright, Banking & Finance, Corporate

Get Advice
Advocate Chokshi Preamit

Advocate Chokshi Preamit

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Muslim Law, Property, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts, Revenue

Get Advice
Advocate Shamsher Singh

Advocate Shamsher Singh

Cheque Bounce, Criminal, Divorce, Domestic Violence, Insurance

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.