Polity question from Naib Tehsildar exam, 2018 by JKSSB
As per the J&K Constitution, which of the following measures may be taken against the member if he sits or votes as a member of the Legislative Assembly or the Legislative Council even after knowing that he is not qualified or that he is disqualified for:
Last updated May 15, 2026
Correct Answer:
Option C —
He may be penalised
Under Section 63 of the former Constitution of Jammu and Kashmir (which mirrors Article 193 of the Indian Constitution), if a person sits or votes as a member of the Legislature before taking the oath or when they know they are disqualified, they are liable to a monetary penalty.
The Nature of the Penalty
The "penalty" is not a criminal sentence like jail time, but a financial fine. Here are the specifics:
The Amount: The penalty is usually 500 rupees for each day the person sits or votes in the House.
How it is Recovered: This amount is recovered as a debt due to the State.
Conditions for Penalty:
The member has not taken the prescribed oath or affirmation.
The member knows they are not qualified (e.g., they don't meet the age requirement).
The member knows they are disqualified (e.g., they hold an "Office of Profit" or have been disqualified under the Anti-Defection law).
The member is prohibited from sitting or voting by any law made by the Legislature or Parliament.
Why the other options are incorrect:
Option A: A ban on voting is usually a result of a specific conviction under electoral laws (like the Representation of the People Act), but it isn't the immediate penalty for simply sitting in the House while disqualified.
Option B: While the Speaker can order a member to be removed for "unruly behavior," the specific legal remedy for sitting while disqualified is a financial fine.
Option D: Jail time is a criminal punishment. Sitting in the House while disqualified is considered a constitutional/civil lapse rather than a criminal offense under this specific section.
Current Context
Since the J&K Reorganisation Act, 2019, these matters are now governed by Section 29 of that Act, which maintains the same principle: a penalty of 500 rupees per day is applicable for such violations in the Union Territory of Jammu and Kashmir.
Answer verified by Quintessence Classes faculty — Karan Nagar, Srinagar.
