What is Decision on questions as to disqualifications of members? What is the Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified? Article 192 and 193 of Constitution of India, 1949
Decision on questions as to disqualifications of members and Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified are defined under Article 192 and 193 of Constitution of India 1949. Provisions under these Article are:
Article 192 of Constitution of India "Decision on questions as to disqualifications of members"
(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of Article 191, the question shall be referred for the decision of the Governor and his decision shall be final.
(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.
Article 193 of Constitution of India "Penalty for
sitting and voting before making oath or affirmation under
Article 188 or when not qualified or when disqualified"
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.