Part V - Parliament • Article

Article 103 Simplified: Decision on questions as to disqualifications of members

If someone accuses an MP of being disqualified (like holding a secret government job), the President makes the final decision. However, the President MUST ask the Election Commission for their opinion first and follow what they say.

Official Text

(1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final. (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.]

Simple Meaning

Explain Like Ten

Article 103 says that if there is a dispute about whether a Member of Parliament is disqualified, the President will make the final decision after asking the Election Commission.

Student Mode

Mandates that questions regarding whether an MP has become subject to any disqualification shall be referred to the President, who must obtain the opinion of the Election Commission and act accordingly.

Example

For a real constitutional problem about decision on questions as to disqualifications of members, Article 103 gives the starting rule and connects it to the wider system of Parliament's working rules.

Key Takeaway

The President and Election Commission together decide if an MP should be kicked out.

FAQs

Who has the final power to decide if an MP is disqualified?

The President of India makes the decision, which is legally binding.

Whose opinion must the President obtain before deciding on disqualification?

The President must consult and act according to the opinion of the Election Commission of India.

Quiz

Who decides on the disqualification of a Member of Parliament under Article 103?

Answer: The President

Whose opinion is binding on the President when deciding on an MP's disqualification?

Answer: Election Commission