Article 193 of the Costitution of India with Case law
🔷 Article 193 of the Constitution of India – Penalty for Sitting and Voting Before Making Oath or When Disqualified
🔹 Text of Article 193:
“If a person sits or votes as a member of the Legislative Assembly or Legislative Council of a State before he has made and subscribed an oath or affirmation under 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, 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.”
🔹 Key Elements of Article 193:
| Clause | Explanation |
|---|---|
| Scope | Applies to members of the State Legislature (both Assembly and Council) |
| When It Applies |
If a person sits/votes before taking oath under Article 188
If he is not qualified or is disqualified under the Constitution or laws
If prohibited by any law made by Parliament
| Penalty | ₹500 per day for each sitting/voting in violation
| Recovery | As a debt to the State Government |
🔹 Purpose of Article 193:
To maintain legitimacy and discipline within legislative proceedings
Prevent disqualified persons from influencing law-making
Encourage constitutional compliance in the functioning of State Legislatures
🔹 Related Provisions:
| Article | Related To |
|---|---|
| Article 188 | Oath or affirmation by members before taking seat |
| Article 191 | Disqualifications for membership of State Legislatures |
| Tenth Schedule | Disqualification on grounds of defection |
| Article 194 | Powers and privileges of members of State Legislatures |
🔹 Important Case Laws on Article 193:
✅ K. Prabhakaran v. P. Jayarajan (2005) 1 SCC 754
Issue: Whether a disqualified person can participate in Assembly functions.
Observation: Article 193 ensures that a person who is disqualified or has not taken the oath is barred from participating, and doing so attracts monetary penalties.
Relevance: Reinforced the need for compliance with qualification and oath requirements.
✅ Kihoto Hollohan v. Zachillhu (1992 Supp (2) SCC 651) – Tenth Schedule case
Though not directly interpreting Article 193, it clarified that disqualification under anti-defection applies to sitting members, and if they continue to sit or vote, Article 193 penalty may apply.
✅ Ravi S. Naik v. Union of India (1994 Supp (2) SCC 641)
Relevance: Clarified that if a person ceases to be a member, they cannot sit or vote in the House. If they do, they are liable under Article 193.
✅ Saka Venkata Rao v. Union of India (AIR 1953 SC 304)
Held: An ineligible person acting as a member before fulfilling constitutional requirements (like taking oath) can invalidate proceedings they participated in, and penalties under Article 193 can be imposed.
🔹 Summary Table:
| Aspect | Details |
|---|---|
| Applies To | Members of State Legislative Assembly or Council |
| Violation | Sitting or voting before oath, or while disqualified |
| Penalty | ₹500 per day |
| Recovery | As a debt to the State |
| Purpose | Upholds constitutional and ethical integrity of the Legislature |
| Key Cases | K. Prabhakaran, Kihoto Hollohan, Ravi Naik, Saka Venkata Rao |
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