Actual Article
Article 104: Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified
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, 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.
UPSC Notes for Article 104
Explanation:
- Penalty for Non-compliance:
- Imposes a financial penalty on individuals who sit or vote in Parliament without meeting the qualifications or fulfilling the oath requirements under Article 99.
- Liability for Disqualified Members:
- Applies to individuals who sit or vote while knowing they are not qualified or are disqualified from being members of Parliament.
- Enforcement:
- The penalty is enforced as a debt due to the Union, ensuring accountability for non-compliance.
Key Points:
- Ensuring Compliance: Article 104 ensures that all members adhere to the constitutional requirements before participating in parliamentary proceedings.
- Financial Deterrent: The monetary penalty acts as a deterrent against unauthorized participation in Parliament.
- Accountability: Reinforces the integrity of parliamentary proceedings by holding members accountable for non-compliance or disqualification.
Important Cases and Commissions Related to Article 104
Cases:
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): Discussed the powers and privileges of Parliament and the enforcement of rules and penalties for members, indirectly highlighting the importance of compliance with constitutional provisions.
Commissions:
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended reforms to ensure greater transparency and adherence to constitutional requirements by members of Parliament.
- Law Commission of India: Various reports have discussed the need for clear enforcement mechanisms to maintain the integrity of legislative bodies.
Previous Year Prelims Questions Related to Article 104
- (UPSC Prelims 2018) Which of the following penalties applies to a member of Parliament who sits or votes without taking the oath or when disqualified?
- A. Imprisonment
- B. A fine of 1000 rupees per day
- C. A penalty of 500 rupees per day
- D. Suspension from the House Correct Answer: C. A penalty of 500 rupees per day
- (UPSC Prelims 2016) Who enforces the penalty for unauthorized sitting or voting in Parliament under Article 104?
- A. The Speaker of the Lok Sabha
- B. The Chairman of the Rajya Sabha
- C. The President
- D. It is recovered as a debt due to the Union Correct Answer: D. It is recovered as a debt due to the Union
Previous Year Mains Questions Related to Article 104
- Mains 2017: “Discuss the significance of Article 104 in maintaining the integrity of parliamentary proceedings. How does the penalty for unauthorized participation ensure adherence to constitutional requirements?”
- Mains 2019: “Analyze the role of Article 104 in enforcing compliance with the oath or affirmation requirement and disqualification provisions. How does this article contribute to the accountability of members of Parliament?”
Additional Insights:
- Legal Framework: Article 104 provides a legal framework to enforce compliance with constitutional requirements, ensuring that parliamentary proceedings are conducted with integrity.
- Deterrence: The financial penalty acts as a deterrent, discouraging individuals from participating in parliamentary proceedings without proper qualification or adherence to procedural requirements.
- Union’s Role: The enforcement mechanism ensures that the penalty is treated as a debt to the Union, emphasizing the seriousness of the infraction and the Union’s role in maintaining parliamentary integrity.
Understanding Article 104 is crucial for UPSC aspirants as it highlights the enforcement mechanisms to ensure that members of Parliament adhere to constitutional requirements, thereby maintaining the integrity and accountability of the legislative process. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions governing the conduct of parliamentary members.