📜 Article 193 of the Indian Constitution
Title: Penalty for sitting and voting before making oath or when not qualified or when disqualified
🔹 Text Summary:
Article 193 imposes a penalty on any person who sits or votes in the State Legislature (Legislative Assembly or Council) when they are not legally qualified to do so.
📌 Key Provisions:
| Situation | Penalty |
|---|---|
| ✅ If a person sits or votes in the House without taking the oath/affirmation (under Article 188), or | |
| ✅ Is not qualified, or | |
| ✅ Is disqualified under the Constitution or any law | They must pay a fine of ₹500 for each day of such sitting or voting. |
| 👉 The fine is recoverable as a debt due to the State. |
🧠 Key Takeaways:
-
Prevents misuse of legislative authority by ineligible individuals.
-
Protects the legitimacy and integrity of legislative decisions.
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Emphasizes the importance of constitutional compliance (e.g., taking oath, avoiding disqualification).
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Encourages timely resolution of disqualification and qualification issues.
🔁 Example Scenarios:
| Scenario | Is it a Violation? |
|---|---|
| An MLA doesn't take oath under Article 188 and starts voting | ✅ Yes — ₹500 per day fine |
| A person is disqualified under Article 191 but continues to vote | ✅ Yes — penalty applies |
| A person is elected but also holds a government job (office of profit) and votes | ✅ Yes — violation |
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 84/173 | Qualifications for MPs and MLAs |
| 188 | Oath or affirmation before sitting in House |
| 191 | Disqualifications for State Legislature membership |
| 192 | Governor’s role in deciding disqualification |
| 193 | ₹500 per day penalty for unauthorized sitting or voting |
🧾 Legal Enforcement:
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Fine is recoverable through civil process, similar to a government debt.
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Ensures accountability without needing criminal prosecution.
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