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THE CONSTITUTION OF INDIA
395 Articles, organised into 25 Parts and 12 Schedules, make up the Constitution of India

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Part V

Article 104

Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

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.

Version 1

Article 84, Draft Constitution 1948

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 81 of this Constitution, 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 Government of India.

Version 2

Article 104, Constitution of India 1950

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.

Summary

Draft Article 84 (Article 104) was discussed on 19 May 1949. It provided for a penalty for not qualified or disqualified persons who participated or voted in the Parliament.

There was no substantive debate around this Draft Article. The Assembly adopted it without amendments on 19 May 1949.