2 days ago
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ARTICLE AD BOX
Patna: State parliamentary affairs minister Vijay Kumar Choudhary on Saturday demanded the repeal of Articles 104 and 193 through constitutional amendments, saying their content was incongruous with the spirit of the Constitution in the present context.Speaking on the theme ‘Sashakt Vidhayak, Sashakt Loktantra’ on the 106th foundation day of the state legislative assembly, in the presence of Lok Sabha Speaker Om Birla and Union parliamentary affairs minister Kiren Rijiju, Choudhary said, “I want to express my views to the Union parliamentary affairs minister and the Lok Sabha Speaker on Article 104 pertaining to Parliament and Article 193 to the state legislature. Their content seems unimaginable.
The two are irrelevant and appear to be discrepancies in the Constitution and disrespectful to the legislatures.”Choudhary, who as the then Speaker introduced the concept of celebrating the state assembly foundation day in 2019, cited constitutional provisions to underline his point. “We take an oath under Article 99 to uphold the Constitution. Article 104 provides for penalties on MPs. If a member sits or votes in Parliament without taking the oath under Article 99, or despite being disqualified, or after being prohibited, they shall be liable to pay a penalty of Rs500 per day, recoverable as a debt due to the state,” he said.
He said the same provision existed in the context of state legislatures under Article 193 read with Article 88.“This is an unimaginable situation. Even in the Constitution, there is no provision for punishment in the form of rupees. For this, provisions exist under the then IPC, CrPC and now the Bharatiya Nyaya Sanhita. In the Constitution, Sir, you have the power to punish under contempt of the House. Even otherwise, under the general process, you can send a person to jail for unauthorised entry or trespass,” Choudhary said while addressing Speaker Birla.“Therefore, if this seems unnecessary, then it should be deleted and repealed,” he added.
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