The oath under Article 188 is just a formality that can be taken anytime without consequence.

Article 193 makes clear that sitting or voting before taking this oath is a punishable act, carrying a daily monetary penalty.

The five-hundred-rupee penalty is the only consequence for an unqualified or disqualified person voting in the House.

This fine is separate from and does not replace other constitutional or legal consequences, such as disqualification proceedings under Articles 191 and 192; it is simply a specific monetary penalty for the act of sitting or voting.

The Constitution of India

Article 193

Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified

If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.§

Why this exists

The Constitution requires every state legislator to take an oath of allegiance before participating in House proceedings, and bars unqualified or disqualified persons from sitting or voting. Article 193 provides a financial deterrent so that these rules are not treated as mere formalities: someone who knowingly breaks them faces a daily monetary penalty, recoverable like any ordinary debt owed to the government. It mirrors Article 104, which imposes the identical penalty on Members of Parliament, ensuring consistency between the Union and State legislatures.

Common misconceptions

Myth: The oath under Article 188 is just a formality that can be taken anytime without consequence.
Fact: Article 193 makes clear that sitting or voting before taking this oath is a punishable act, carrying a daily monetary penalty.
Myth: The five-hundred-rupee penalty is the only consequence for an unqualified or disqualified person voting in the House.
Fact: This fine is separate from and does not replace other constitutional or legal consequences, such as disqualification proceedings under Articles 191 and 192; it is simply a specific monetary penalty for the act of sitting or voting.