Actual Article
Article 193: Penalty for sitting and voting before making oath or affirmation under Article 188, or when not qualified or when disqualified
If a person sits or votes as a member of the Legislature of a State before he has complied with the requirement of Article 188, regarding the making of an oath or affirmation, 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 State.
UPSC Notes for Article 193
Explanation:
- Penalty for Unauthorized Participation:
- Article 193 imposes a financial penalty on any member of a state legislature who participates in legislative proceedings (sitting or voting) before taking the mandated oath or affirmation under Article 188, or if they participate knowing they are not qualified or are disqualified.
- Enforcement and Compliance:
- The penalty is enforced for each day the member improperly participates, ensuring compliance with the constitutional requirements and maintaining the integrity of the legislative process.
Key Points:
- Financial Deterrent: The penalty serves as a financial deterrent against unauthorized participation in legislative activities, reinforcing the importance of adherence to procedural and legal requirements.
- Preservation of Legislative Integrity: By penalizing unauthorized participation, this article helps preserve the integrity of the legislative process, ensuring that only duly authorized and qualified individuals take part in legislative decisions.
Important Cases and Commissions Related to Article 193
Cases:
- No specific landmark cases interpreting Article 193 have been identified, as this article involves straightforward procedural enforcement typically managed internally by legislative bodies.
Commissions:
- Administrative Reforms Commission: Might address issues related to legislative discipline and integrity, underscoring the importance of compliance with constitutional provisions such as those outlined in Article 193.
Important Reports Related to Article 193:
- Law Commission Reports: Could discuss the effectiveness of penalties and other legal measures in ensuring compliance with procedural norms in legislative bodies.
Previous Year Prelims Questions Related to Article 193
- (UPSC Prelims 2016) What does Article 193 of the Constitution stipulate?
- A. Conditions for the President’s rule in a state
- B. Penalties for unauthorized participation in state legislature proceedings
- C. Formation of new states and alteration of areas, boundaries or names of existing states
- D. Special provisions for the administration of tribal areas Correct Answer: B. Penalties for unauthorized participation in state legislature proceedings
- (UPSC Prelims 2018) Who is subject to the penalty under Article 193?
- A. Members voting in Parliament without taking an oath
- B. Members voting in State Legislature without taking the required oath
- C. State Governors acting without the advice of the Cabinet
- D. Chief Ministers not complying with the procedural norms Correct Answer: B. Members voting in State Legislature without taking the required oath
Previous Year Mains Questions Related to Article 193
- Mains 2016: “Assess the implications of Article 193 in maintaining legislative decorum and discipline within state legislatures.”
- Mains 2019: “Evaluate the role of financial penalties, as outlined in Article 193, in enforcing constitutional compliance within state legislatures.”
Additional Insights:
- Enhancing Accountability: The penalty under Article 193 enhances accountability among legislative members, ensuring they adhere strictly to the constitutional and procedural requirements before participating in legislative activities.
- Strengthening Governance: By ensuring that all members are duly qualified and have sworn in properly, this article strengthens the governance and decision-making processes within state legislatures.
Understanding Article 193 is crucial for UPSC aspirants as it highlights the enforcement mechanisms within state legislatures, emphasizing the consequences of non-compliance with procedural norms. This knowledge is essential for both preliminary and main examinations, offering insights into the measures designed to uphold the integrity and proper functioning of legislative bodies.