Article 104 of the Indian Constitution provides for penalties when a Member of Parliament (MP) sits or votes in the House without being qualified to do so.
📜 Text of Article 104 (Simplified)
If a person:
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Sits or votes in either House of Parliament (Lok Sabha or Rajya Sabha),
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Knowing that they are not qualified or are disqualified to be an MP,
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Or continue after their seat has become vacant,
👉 Then they shall be liable to pay a penalty of ₹500 for each day they sit or vote.
✅ Key Points of Article 104
| Situation Covered | Penalty Applied |
|---|---|
| Person is not qualified to be an MP | ₹500 per day for sitting/voting |
| Person is disqualified (e.g., under Article 102 or 101) | ₹500 per day |
| Person's seat is already vacant | ₹500 per day |
| Intent required | The person must know they are disqualified |
🧾 Example
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If someone continues to attend Parliament after being disqualified by the President (under Article 103),
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Or if a non-elected person sneaks in and votes,
→ They are liable to pay ₹500 per day for each day they sit or vote.
⚠️ Important Notes
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The penalty is civil, not criminal.
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₹500 was fixed in 1950; it has not been revised, so it's more symbolic today.
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The House can also take disciplinary action separately.
📌 Summary of Article 104
| Feature | Description |
|---|---|
| Applies to | People not qualified or disqualified from Parliament |
| Action penalized | Sitting or voting in either House knowingly |
| Penalty | ₹500 per day |
| Purpose | Prevent unauthorized participation in Parliament |
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