Part V - Parliament • Article

Article 104 Simplified: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

If someone tries to act as an MP (sitting in the House or voting) without taking the oath or after being disqualified, they have to pay a fine of ₹500 for every single day they did it. It's a way to ensure only legal representatives are making laws.

Official Text

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.

Simple Meaning

Explain Like Ten

If an MP tries to sit in Parliament and vote on laws WITHOUT first taking their constitutional oath — or when they know they are disqualified — they get fined ₹500 for every single day they did it. It's like going to school and signing the attendance register when you're suspended — you'll be punished!

Student Mode

Article 104 imposes a financial penalty for acting as a member without authority: Conditions: (1) Sitting/voting before complying with Article 99 (oath); (2) Sitting/voting knowing one is not qualified; (3) Sitting/voting knowing one is disqualified; (4) Sitting/voting when prohibited by any Parliamentary law. Penalty: ₹500 per day, recoverable as a debt due to the Union. This is connected to Article 99 (oath requirement) and Article 102 (disqualifications).

Example

If an election dispute or voting rule is questioned, Article 104 points to the constitutional process for penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified instead of leaving the issue to informal practice.

Key Takeaway

There are daily fines for illegally pretending to be an MP.

FAQs

What is the daily penalty for an unqualified person sitting as an MP?

₹500 for each day they sit or vote, recoverable as a debt due to the Union of India.

Can an MP be fined even if they did not know they were disqualified?

Article 104 only applies when the person 'knows' they are not qualified or disqualified. However, the burden of proving lack of knowledge is on the member.