Bihar Minister Advocates for Constitutional Reform, Seeks Repeal of Articles 104 and 193
In a significant address at the 106th foundation day of the Bihar Legislative Assembly, State Parliamentary Affairs Minister Vijay Kumar Choudhary has called for the repeal of Articles 104 and 193 of the Indian Constitution through constitutional amendments. Speaking on Saturday in Patna, Choudhary argued that these provisions are incongruous with the spirit of the Constitution in the present context and should be removed.
High-Profile Gathering and Bold Proposal
The event, themed 'Sashakt Vidhayak, Sashakt Loktantra' (Empowered Legislator, Empowered Democracy), was attended by Lok Sabha Speaker Om Birla and Union Parliamentary Affairs Minister Kiren Rijiju. Choudhary, who introduced the concept of celebrating the state assembly foundation day in 2019 during his tenure as Speaker, used this platform to express his concerns directly to the Union minister and the Lok Sabha Speaker.
"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," Choudhary stated. "Their content seems unimaginable. The two are irrelevant and appear to be discrepancies in the Constitution and disrespectful to the legislatures."
Detailed Critique of Constitutional Provisions
Choudhary cited specific constitutional articles to underline his point. He explained that under Article 99, members take an oath to uphold the Constitution. However, Article 104 provides for penalties on Members of Parliament (MPs) in a manner he finds outdated and inappropriate.
"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 detailed, noting that a similar provision exists for state legislatures under Article 193 read with Article 88.
Calling for Deletion and Repeal
The minister emphasized that this penalty system is an "unimaginable situation" in the modern constitutional framework. He pointed out that the Constitution itself does not typically prescribe punishments in monetary terms like rupees. Instead, such provisions exist under legal codes such as the former Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and now the Bharatiya Nyaya Sanhita.
Choudhary further argued that legislatures already possess adequate powers to address misconduct. "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," he said while addressing Speaker Birla.
Concluding his argument, he asserted, "Therefore, if this seems unnecessary, then it should be deleted and repealed." This demand highlights a push for constitutional modernization, aligning legal provisions with contemporary legislative practices and respect for democratic institutions.
