Introduction

The Indian Constitution is the supreme law of the land, providing the framework for governance and protecting the rights and freedoms of its citizens. It is a comprehensive document that outlines the powers and responsibilities of the different branches of government, as well as the rights and duties of the people.

One crucial aspect of the Indian Constitution is the eligibility criteria for individuals to hold public office. Article 84 of the Constitution lays down the qualifications for membership of Parliament, while Article 102 and Article 191 outline the grounds for disqualification.

Article 99 of the Indian Constitution deals with the oath or affirmation that members of Parliament are required to take before they can assume their positions. It is an essential prerequisite to ensure that elected representatives are committed to upholding the Constitution and discharging their duties faithfully.

Article 104: Penalty for Sitting and Voting Without Oath or Affirmation

Article 104 of the Indian Constitution addresses the consequences of sitting and voting in Parliament without having taken the prescribed oath or affirmation. It also covers situations where a member sits and votes when they are not qualified or have been disqualified from holding office.

The article states:

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.

The penalty for violating Article 104 is a fine of five hundred rupees per day for each instance of sitting or voting without fulfilling the necessary requirements. This penalty is recoverable as a debt due to the Union.

Importance of the Oath or Affirmation

The requirement of taking an oath or affirmation before assuming office is fundamental to the functioning of a democratic system. By taking the oath, members of Parliament commit themselves to uphold the Constitution and faithfully discharge their duties as representatives of the people.

It serves as a solemn reminder of the responsibilities entrusted upon them and acts as a deterrent against any actions that may undermine the democratic principles and values enshrined in the Constitution.

The oath or affirmation is a symbolic gesture that signifies the individual's allegiance to the Constitution and the people they represent. It reinforces the idea that elected representatives are accountable to the citizens and must act in their best interests.

Disqualification from Parliament

Article 102 and Article 191 of the Indian Constitution outline the grounds for disqualification from membership of Parliament. These provisions ensure that individuals who do not meet the necessary qualifications or engage in activities that undermine the integrity of the institution are not allowed to hold office.

Article 102 specifies certain disqualifications on the grounds of defection, conviction for certain offenses, and holding an office of profit. Similarly, Article 191 lays down disqualifications for members of state legislatures.

These disqualifications are essential to maintain the integrity and credibility of the legislative body. They prevent individuals with conflicting interests or questionable conduct from influencing the decision-making process and protect the sanctity of the democratic system.

Enforcement of Article 104

The enforcement of Article 104 is crucial to ensure that elected representatives comply with the requirements of taking the oath or affirmation before assuming office. It acts as a deterrent against individuals attempting to sit and vote without fulfilling the necessary criteria.

The penalty prescribed in Article 104 serves as a financial consequence for non-compliance. By imposing a monetary fine, the provision aims to discourage individuals from disregarding the oath or affirmation requirement and the qualifications for holding office.

The recovery of the penalty as a debt due to the Union ensures that there is a mechanism in place to hold individuals accountable for their actions. It also emphasizes the seriousness of the offense and the importance of adhering to the constitutional provisions.

Conclusion

Article 104 of the Indian Constitution plays a crucial role in upholding the integrity of the parliamentary system. It establishes the penalty for sitting and voting without having taken the prescribed oath or affirmation, or when not qualified or disqualified from holding office.

The requirement of taking the oath or affirmation is a fundamental aspect of ensuring that elected representatives are committed to upholding the Constitution and serving the interests of the people. Disqualifications from Parliament further safeguard the institution from individuals with conflicting interests or questionable conduct.

By enforcing Article 104, the Constitution ensures that elected representatives fulfill their obligations and face consequences for non-compliance. This provision contributes to the overall functioning and credibility of the Indian parliamentary system, strengthening democracy and the rule of law.