Constitution of India · Part V: The Union · Disqualifications of Members
Article 104: Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
In plain words
A person who sits or votes as a member of either House of Parliament before taking the oath under article 99, or knowing they are not qualified, are disqualified, or are barred by a law of Parliament, is liable to a penalty of five hundred rupees for each day they do so, recovered as a debt due to the Union.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
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. Powers, Privileges and Immunities of Parliament and its
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 104
- Kaushal Kishor v. State of Uttar Pradesh & Ors.
- Justice K S Puttaswamy (Retd.), and Anr. v. Union of India and Ors.
- Binoy Viswam v. Union of India & Ors.
- Siddharam Satlingappa Mhetre v. State of Maharashtra and Others
- University of Kerala v. Council, Principals, Colleges, Kerala & Others
- Consumer Education & Research Society v. Union of India & Ors.
- R. Rajagopal@ R.R. Gopal and Anr. v. State of Tamil Nadu and Ors.