Constitution 193 — Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

The Constitution of India, 1950

Statutory text

If a person
sits or votes as a member of the Legislative Assembly or the 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.
Powers, Privileges and Immunities of State Legislatures
and their Members
194. Powers, privileges, etc., of the Houses of Legislatures 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 the
Legislature, there shall be freedom of speech in the Legislature of every State.
(2) No member of the Legislature of a State shall be liable to any
proceedings in any court in respect of anything said or any vote given by him in
the Legislature or any committee thereof, and no person shall be so liable in
respect of the publication by or under the authority of a House of such a
Legislature of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of a House
of the Legislature of a State, and of the members and the committees of a
House of such Legislature, shall be such as may from time to time be defined
by the Legislature 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 26 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 the Legislature of a State
or any committee thereof as they apply in relation to members of that Legislature.

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