Penalty for Unqualified Sitting and Voting
Official heading: “Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 104, printed page 47
- Last human source-link check
- Not yet checked
- Last human legal review
- Not yet reviewed
AI-assisted source comparisons are noted with the citations below; the check date remains pending until a human confirms the link. The report link opens your email app; you choose whether to send it.
1. In One Sentence
Article 104 imposes a daily fine of five hundred rupees on any person who sits or votes in Parliament before making the required oath or affirmation, or while knowing they are unqualified or disqualified.
2. What It Means in Everyday Language
Article 104 acts as an enforcement sanction to ensure that only legally qualified and sworn individuals participate in the deliberations and voting of Parliament.
If a person takes a seat or votes in either House before subscribing to the oath or affirmation prescribed under Article 99, or when they know they lack qualifications or are disqualified under the Constitution or statutory law, they are liable to a monetary penalty.
The penalty is fixed at five hundred rupees for each day the individual unlawfully sits or votes.
The article specifies that this penalty is recoverable as a debt due to the Union, allowing civil recovery proceedings against unauthorized interlopers.
3. Practical Illustrative Example
A candidate whose election is later nullified by an election tribunal continues to attend parliamentary proceedings and cast votes on bills.
4. Important Limits, Qualifications & Exceptions
Article 104 provides a financial deterrent against unlawful legislative participation.
- Enforces compliance with the Article 99 oath requirement.
- Penalizes unauthorized sitting and voting with a daily fine of ₹500.
- Classifies accumulated penalties as a civil debt recoverable by the Union Government.
- Protects the sanctity and legal validity of parliamentary proceedings.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 104, printed page 47 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.