How much penalty will an MP have to pay for sitting in the Lok Sabha without taking oath?

PM Modi Oath Ceremony: Narendra Modi will take oath as Prime Minister for the third consecutive time on Sunday evening. Apart from the Prime Minister, President Draupadi Murmu will also administer the oath of office and secrecy to other members of the Union Cabinet. Article 99 of the Constitution states that taking oath by MPs is mandatory. But what will happen if an MP sits in the House or votes without taking oath? Let's find out.

According to Article 99, before taking his seat in the Lok Sabha House of Parliament, every member has to take oath in front of the President or a person appointed by him for this work. The format of this oath is given in the third schedule of the Constitution.

The President will administer the oath of office and secrecy to the Prime Minister and other members of the Union Council of Ministers at 7.15 pm on June 09, 2024, at Rashtrapati Bhavan.

— President of India (@rashtrapatibhvn) June 7, 2024

What will happen if a member is sitting in the House without taking oath?

It is clear in the Constitution that it is necessary for every member of the House to take oath. But if someone is sitting in the House without taking oath, then in that case further action will be taken under Article 104 of the Constitution. According to Article 104, if a person sits as a member before complying with the requirements of Article 99 (taking oath), or knowing that he is not eligible or he is ineligible for membership or he is prohibited by law from doing so, then he will have to pay a fine of Rs 500. On the day he sits in the House despite being disqualified, he will have to pay a fine of Rs 500 to the Union.

Members who sit in the House without taking oath also do not have the right to vote in any matter of the House. According to the article, every day when he votes, he will have to pay a fine of Rs 500 for each day, which will be recovered as a debt due to the Union.

There is a difference in the oath of the Prime Minister and the members

Even though all the MPs of the Lok Sabha are elected by the people, but there is a difference in their oath according to the responsibilities given to them. The Prime Minister and the Ministers of the Union have to take two oaths. One for the post and the other of secrecy. On the other hand, there is only one oath to become a member of Parliament.

Oath of Office for Union Minister

I, so and so, do swear in the name of God/sincerity affirm that I will bear true faith and allegiance to the Constitution of India as by law established. I will uphold the sovereignty and integrity of India. I will discharge my duties as a Minister of the Union faithfully and to the best of my conscience and that I will do justice to all manner of people according to the Constitution and the law, without fear or favour, affection or ill-will.

Oath of Secrecy for Union Minister

I, so and so, do swear in the name of God/sincerity affirm that I will not, directly or indirectly, communicate or disclose any matter which shall come to my consideration as a Minister of the Union or shall come to my knowledge, to any person or persons, except when required for the due discharge of my duties as such Minister.

Oath to be taken by a member of Lok Sabha

I, so and so, having been elected a member of the Lok Sabha, do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India and that I will faithfully perform the duties of the office I am about to assume.