Part VI - The States • Article

Article 193 Simplified: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

Article 193 is the 'Integrity Fine' for MLAs. If any person participates in legislative proceedings (sits or votes) without first taking the oath required by Article 188, or while knowing they are not qualified or disqualified, they commit a constitutional offense. The penalty is ₹500 per day for every day they improperly sit or vote, recovered as a debt owed to the State. This is a financial deterrent to keep the Assembly free from ineligible members.

Official Text

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, 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 or the Legislature of the State, 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 State.

Simple Meaning

Explain Like Ten

Before joining the Assembly, every MLA must take a solemn oath. Article 193 is the 'no oath, no vote' rule. If you skip the oath and still attend, or if you know you're disqualified but still show up and vote, you get fined Rs 500 for every single day you do so. The State can collect this fine like a debt.

Student Mode

Article 193 mirrors Article 104 (penalty for MP) at the state level. The three triggers are: (1) sitting or voting before complying with Article 188 oath requirements; (2) sitting or voting while knowing they are not qualified; (3) sitting or voting while knowing they are disqualified. The penalty of Rs 500 per day is recoverable as a debt due to the State.

Example

If someone is elected as an MLA but has not yet taken the oath, and they still attend a session and vote on a Bill, they can be fined ₹500 for every such day. If a court later declares a member disqualified and they kept attending sessions for 10 days after learning this, they owe the State ₹5,000.

Key Takeaway

Article 193 financially penalizes any MLA who sits or votes in the legislature without fulfilling oath requirements or while being ineligible.

FAQs

What is the penalty amount under Article 193 for each day of improper participation?

Five hundred rupees (Rs 500) per day, recoverable as a debt due to the State.

Does Article 193 apply only if the member deliberately knows they are disqualified?

Yes. The article specifically states 'when he knows' that he is not qualified or disqualified, meaning knowledge is a key element of the offense.

Quiz

Under Article 193, what is the daily penalty for an MLA who votes before taking the oath under Article 188?

Answer: Rs 500

How is the penalty under Article 193 recovered from the defaulting MLA?

Answer: As a debt due to the State