Constitution 104 — Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified

The Constitution of India, 1950

Statutory text

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.
Powers, Privileges and Immunities of Parliament and its Members
105. Powers, privileges, etc., of the Houses of Parliament and of the
members and committees thereof.—(1) Subject to the provisions of this
Constitution and to the rules and standing orders regulating the procedure of
Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in Parliament or any committee
thereof, and no person shall be so liable in respect of the publication by or under the
authority of either House of Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each
House of Parliament, and of the members and the committees of each House,
shall be such as may from time to time be defined by Parliament by law, and,
until so defined, shall be those of that House and of its members and
committees immediately before the coming into force of section 15 of the
Constitution (Forty-fourth Amendment) Act, 1978.].
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to
persons who by virtue of this Constitution have the right to speak in, and
otherwise to take part in the proceedings of, a House of Parliament or any
committee thereof as they apply in relation to members of Parliament.

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