Article 104 of the Costitution of India with Case law
Article 104 of the Constitution of India โ Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
๐น Text of Article 104:
If a person sits or votes as a member of either House of Parliament before he has taken and subscribed the oath or affirmation in accordance with the provisions of Article 99 or when he knows that he is not qualified or that he is disqualified for membership thereof, 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.
๐น Explanation:
Article 104 provides a financial penalty for:
Sitting or voting without taking the oath under Article 99.
Knowing participation despite being disqualified or not qualified.
This ensures integrity and discipline in the legislative process by penalizing unauthorized participation.
๐น Related Article:
Article 99 โ Every member of Parliament must take an oath or affirmation before taking their seat.
๐น Key Case Laws on Article 104:
1. Lily Thomas v. Union of India (2013) 7 SCC 653
Context: Landmark judgment where the Supreme Court ruled that a Member of Parliament or State Legislature stands disqualified immediately upon conviction under certain criminal laws.
Relevance to Article 104: If a person continues to sit or vote after such disqualification, Article 104 is triggered, and a financial penalty becomes applicable.
Significance: This case reinforced automatic disqualification and underscored the consequences of knowingly continuing to sit/vote when disqualified.
2. Raja Ram Pal v. Honโble Speaker, Lok Sabha (2007) 3 SCC 184
Context: The case dealt with the expulsion of MPs involved in the 'cash-for-query' scam.
Relevance to Article 104: While the case primarily discusses parliamentary privileges, it underlines the importance of proper qualification and ethical conduct, which Article 104 seeks to enforce.
3. Election Commission v. V. Satsangi (AIR 1957 SC 884)
Context: Concerned qualification and disqualification of a member of Parliament.
Relevance: Reiterated that members must act within the framework of constitutional eligibility, else face consequences under Article 104.
๐น Important Points:
The penalty is monetary onlyโโน500 per day.
It does not invalidate the proceedings of the House.
It can be enforced as a civil liability (debt).
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