Part VI: The States

State Legislature: Penalties

Article 193: Penalty for Sitting and Voting Before Making Oath or Affirmation

--- Original Article ---

If a person sits or votes as a member of the Legislative Assembly or 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.

Explanations

Article 193 is designed to enforce accountability and maintain the integrity of legislative bodies in the States. It mandates a penalty for anyone who attempts to participate in the Legislature without fulfilling legal requirements, such as taking the oath under Article 188 or meeting necessary qualifications. This measure ensures that only qualified representatives participate in legislative processes, thus safeguarding the sanctity of the legislative body.

Clause-by-Clause Explanation

Sitting or Voting Without Compliance

This clause specifies that any person who occupies a seat or votes in the Legislative Assembly or Council of a State without meeting the requirements of Article 188—or while knowing they are disqualified—violates constitutional provisions. This protects legislative proceedings from unauthorized participation and maintains the integrity of representation.

500 Rupee Penalty Per Day

The article imposes a penalty of 500 rupees per day for unauthorized participation, underscoring the seriousness of complying with constitutional requirements. This financial penalty serves as a deterrent against unauthorized or unqualified participation.

Recovery Process as a State Debt

The penalty is to be recovered as a debt owed to the State, establishing it as a formal financial obligation. This approach emphasizes the importance of legislative compliance and strengthens enforcement by treating fines as recoverable state debts.

Real-Life Examples

• Example of Non-compliance: A legislator who mistakenly participated in debates without completing the oath process under Article 188 was penalized under Article 193, reinforcing the necessity of adherence to constitutional formalities.

Historical Context

Article 193 reflects practices from colonial legislative procedures, which aimed to prevent unqualified participation in legislative affairs. This measure has roots in British parliamentary norms, where procedural integrity and eligibility are fundamental to maintaining orderly legislative conduct.

Judicial Interpretation and Precedents

Although Article 193 has not faced significant judicial scrutiny, its role as a deterrent aligns with broader constitutional principles that emphasize compliance with eligibility requirements before participating in legislative processes.

Debates and Amendments

During the debate on Article 168 (later Article 193) in the Constituent Assembly, Shri Lakshminarayan Sahu questioned the need for this article, arguing that other constitutional provisions already prevented unqualified individuals from entering the House and suggested that such persons be treated as trespassers. Despite his concerns, the article was ultimately retained to ensure clear procedural discipline within State Legislatures.

References

• The Constitution of India - Article 193, Penalty for Sitting and Voting Before Making Oath or Affirmation.
• Constituent Assembly Debates on Article 168 (Draft Constitution).
• Basu, D.D. "Commentary on the Constitution of India".