Constitution of India · Part VI: The States · Disqualifications of Members
Article 193: Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified
In plain words
A person who sits or votes as a member of a State Legislature before taking the oath under article 188, or knowing they are not qualified, are disqualified, or are barred by a law of Parliament or the State, is liable to a penalty of five hundred rupees for each day they do so, recovered as a debt due to the State.
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 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. Powers, Privileges and Immunities of State Legislatures and their
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 193
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Sita Soren v. Union of India
Instant Reference pertains to reconsideration of the correctness of the view of the majority judgment in *PV Narasimha Rao’s case granting immunity from prosecution to a member of the legislature who has allegedly…
- Pradeep Kumar Sonthalia v. Dhiraj Prasad Sahu @ Dhiraj Sahu & Anr.
- R. Poornima and Ors. v. Union of India and Ors.
- Shivraj Singh Chouhan & Ors. v. Speaker Madhya Pradesh Legislative Assembly & Ors.
- Ram Pal Singh v. State of U.P. & Ors.
- Supreme Court Advocates-On-Record Association and Another v. Union of India
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Jamshed N. Guzdar v. State of Maharashtra and Ors.
- Special Reference No. I of 2002 v. .
- K. Venkatachalam v. A. Swamickan and Anr.