Article 192 and 193 of the Constitution of India: Disqualification and Penalty for Sitting or Voting

Articles 192 and 193 form part of the constitutional framework governing membership of State Legislatures. Article 192 provides the procedure for deciding certain questions concerning the disqualification of a sitting member, while Article 193 imposes a monetary penalty when a person knowingly sits or votes without satisfying specified constitutional or legal requirements.

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Article 192 - Decision on Questions as to Disqualifications of Members

Meaning: Article 192 applies when a question arises whether a member of a House of the Legislature of a State has become subject to any disqualification mentioned in Article 191(1). The constitutional decision is made by the Governor, but before deciding the question the Governor must obtain the opinion of the Election Commission of India and act according to that opinion.

Text and effect of Article 192

Clause (1): If a question arises whether a member of a State Legislature has become subject to a disqualification specified in Article 191(1), the matter is referred to the Governor for decision.

Clause (2): Before giving the decision, the Governor must obtain the opinion of the Election Commission and must act according to that opinion.

Important distinction: Article 192 expressly refers to disqualifications under Article 191(1). Article 191(2) separately deals with disqualification under the Tenth Schedule, which concerns defection and operates under its own constitutional mechanism.

Article 193 - Penalty for Sitting and Voting When Not Entitled

Meaning: Article 193 creates a financial consequence where a person sits or votes as a member of a State Legislative Assembly or Legislative Council in circumstances prohibited by the Constitution or law.

When Article 193 applies

The provision covers sitting or voting before complying with the oath or affirmation requirement under Article 188, as well as sitting or voting when the person knows that he or she is not qualified, is disqualified for membership, or is prohibited from doing so by a law made by Parliament or the State Legislature.

The constitutional penalty is Rs. 500 for each day on which the person so sits or votes, recoverable as a debt due to the State.

Article 193 therefore operates as a deterrent against participation in legislative proceedings by a person who has not completed the required oath or affirmation or who knowingly lacks the legal entitlement to sit or vote.

Official Resources

For the authoritative constitutional text and current election-related material, consult the official Government of India and Election Commission resources:

Legislative Department - Constitution of India Election Commission of India Election Commission of India - Judicial References

This article is intended as a general legal information resource. For an individual disqualification dispute, the applicable constitutional provision, election law, facts and binding judicial decisions should be examined together.