Article 104

Article 104 of the Constitution of India provides for the penalty imposed on Members of Parliament who sit or vote in either House of Parliament before fulfilling constitutional requirements, such as taking the oath under Article 99, or who continue to participate despite being disqualified. This Article is an important constitutional safeguard to uphold the legality, integrity, and discipline of parliamentary proceedings. It reinforces the principle that only those who are duly qualified and authorised may participate in the functioning of Parliament.

Constitutional Framework

Article 104 is placed in Part V, Chapter II (The Parliament) of the Constitution. It is closely connected with Articles 99 to 103, which together ensure that members of Parliament meet all legal qualifications before assuming their duties. The provision serves as a deterrent against any unauthorised or unlawful participation in parliamentary business.

Key Provisions of Article 104

The Article provides that:

If a person sits or votes as a member of either House of Parliament before taking the oath or affirmation required by Article 99, or when they know that they are not qualified or have been disqualified for membership, or are prohibited from doing so under any law made by Parliament, they shall be liable to a penalty of five hundred rupees for each day on which they so sit or vote. The penalty shall be recoverable as a debt due to the Union.

This provision establishes both responsibility and accountability for members to comply with constitutional requirements before participating in parliamentary proceedings.

Scope and Application

Article 104 applies to both the Lok Sabha and the Rajya Sabha and identifies three situations in which the penalty is applicable:

1. Failure to Take Oath or Affirmation (as per Article 99):A member must take an oath or affirmation as specified in the Third Schedule before sitting or voting in Parliament. Participating without doing so is a direct violation.
2. Participation While Disqualified or Not Qualified:A person who knowingly participates in parliamentary proceedings despite lacking qualifications or being disqualified under Article 102 commits a breach of the Constitution.
3. Violation of a Law Made by Parliament:If Parliament has enacted a law prohibiting certain members from sitting or voting under specific conditions—such as under provisions of the Representation of the People Act, 1951—a breach of such law also attracts the penalty.

Penalty and Enforcement

• A member found guilty of violating Article 104 is liable to pay a penalty of ₹500 for each day they sit or vote in Parliament unlawfully.
• This amount is recoverable as a civil debt owed to the Union of India, which means it can be recovered through standard civil legal procedures.
• Although the financial penalty is relatively small, its symbolic and legal importance lies in enforcing constitutional discipline.

This ensures that the authority to participate in Parliament arises solely from lawful membership and adherence to constitutional norms.

Purpose and Constitutional Importance

The purpose of Article 104 is preventive rather than punitive. It ensures that the legislative process remains valid and credible, protecting the parliamentary institution from procedural irregularities. Its key objectives include:

1. Upholding Constitutional Compliance:Guarantees that members fulfil their obligations under Article 99 before participating.
2. Preserving Legitimacy of Parliament:Prevents unqualified or disqualified persons from influencing legislative decisions.
3. Ensuring Accountability:Enforces responsibility among members to act within constitutional limits.
4. Reinforcing Ethical Conduct:Prevents misuse of parliamentary privileges by those lacking legal authority.
5. Protecting Democratic Integrity:Strengthens public confidence that only duly elected and eligible representatives participate in law-making.

Relation to Other Constitutional Provisions

Article 104 operates in coordination with several related provisions:

• Article 99: Mandates that every member must make and subscribe to an oath or affirmation before taking their seat.
• Article 101: Governs the vacation of seats in Parliament.
• Article 102: Specifies the grounds for disqualification from membership.
• Article 103: Empowers the President, acting on the opinion of the Election Commission, to decide disqualification questions.

Together, these Articles create a structured system ensuring that membership in Parliament remains legitimate, accountable, and constitutionally valid.

Implications of Article 104

Article 104 serves as an essential mechanism for maintaining discipline, legality, and ethical standards in parliamentary operations. Its implications include:

• Protection of Legislative Validity: Only authorised members can take part in voting or debates, safeguarding the legitimacy of enacted laws.
• Accountability in Representation: Members are reminded that their participation is conditional upon compliance with constitutional procedures.
• Transparency and Integrity: Prevents manipulation or participation by individuals who have lost eligibility or failed to qualify.
• Deterrent Against Irregularity: Establishes a deterrent for those attempting to exploit procedural loopholes or delays in disqualification proceedings.

Thus, the Article ensures that parliamentary proceedings are always conducted by constitutionally recognised members.

Judicial Perspective

While Article 104 has not been the subject of extensive judicial interpretation, the judiciary has reinforced its underlying principles through rulings that emphasise:

• The necessity for strict compliance with constitutional and statutory requirements before assuming parliamentary duties.
• The significance of legitimacy in representation to preserve the authority of Parliament.
• The idea that participation by disqualified members undermines the sanctity of legislative processes and may lead to legal and ethical consequences.

Indian courts have also held that the penalty under Article 104 acts as a civil liability, ensuring constitutional compliance through legal enforcement.

Practical and Contemporary Relevance

In modern parliamentary practice, Article 104 functions primarily as a deterrent provision, rarely invoked in practice due to stringent verification and procedural checks conducted before members take their seats. However, its presence in the Constitution remains vital for the following reasons:

• It reaffirms the rule of law within Parliament.
• It ensures that the qualification and disqualification process remains transparent and binding.
• It acts as a constitutional safeguard against attempts to misuse parliamentary privileges.

In a democracy built on accountability and adherence to constitutional norms, such provisions reinforce the public’s trust in the legitimacy of their representatives.

Significance in the Parliamentary System

Article 104 upholds several foundational principles of India’s parliamentary democracy:

• Legality: Participation in Parliament derives only from lawful authority.
• Responsibility: Elected representatives must fulfil all constitutional obligations before acting.
• Discipline: Establishes a clear deterrent against procedural violations.
• Public Confidence: Ensures citizens’ trust in the integrity and proper functioning of Parliament.

By combining these elements, Article 104 protects the authenticity and accountability of the nation’s highest law-making body.

Conclusion

Article 104 of the Indian Constitution serves as a constitutional safeguard that ensures only qualified, lawfully elected, and constitutionally compliant members can participate in parliamentary proceedings. It imposes financial penalties on those who knowingly violate these requirements, thereby reinforcing the sanctity and legitimacy of Parliament.