Home The Constitution Part V Article 104

Art. 104 Part V: The Union

Penalty for Sitting and Voting Before Making Oath or Affirmation Under Article 99 or When Not Qualified or When Disqualified

Exact text — Constitution of India

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.

In Plain English

What this Article actually means

This Article creates a specific financial penalty (originally set at ₹500 per day, a figure now largely nominal given inflation since 1950) for someone who sits or votes in Parliament despite knowing they haven't taken the required oath or are disqualified — a direct accountability mechanism against knowingly acting without proper authority.

Why This Matters To You

How it shows up in everyday life

This Article underscores that the oath requirement and disqualification rules aren't merely symbolic — there's a specific, legally enforceable financial consequence for someone who deliberately participates in Parliament's proceedings while knowingly ineligible to do so.

Read alongside this one

Art. 99 — Oath or Affirmation by Members Art. 102 — Disqualifications for Membership

Frequently Asked

Quick answers about Article 104

Is the ₹500 daily penalty adjusted for inflation?

No — it's a fixed figure written into the constitutional text itself, meaning its real deterrent value has diminished considerably since 1950, though the underlying legal principle and penalty mechanism remain in force.

← PreviousArticle 103: Decision on Questions as to Disqualifications of Members Back toPart V Overview

The text above reproduces Article 104 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.