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Article 103 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 103 - Decision on questions as to disqualifications of members

Part of the Constitutional Article

Part V

The Constitution is the supreme law of land. It defines a detailed framework for the governance of the country. It underlines the structure, powers and responsibilities of various governmental bodies. One of the important provisions of the Constitution is Article 103 deals with the decision on questions as to disqualifications of members.

Interpretation of Article 103 of Indian Constitution

Article 103 of the Constitution states -“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.”

The provision of Article 103 of Indian Constitution states that the matter is referred to the President of India when a question is raised regarding the disqualification of a Member of Parliament under Article 102 for a decision. The provision mandates the President to seek the opinion of the Election Commission of India and act in accordance with this opinion before pronouncing the decision. The decision of the President is considered final. The involvement of the Election Commission ensures that the decision is impartial and based on expert evaluation shows a system of checks and balances.

Conclusion

Article 103 of Indian Constitution plays an important role in ensuring the integrity and impartiality of the parliamentary system in India. It upholds the principles of transparency, accountability and fairness. The system of checks and balances bolster the credibility of governance.

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FAQs about Article 103 of Indian Constitution

Article 103 addresses the provision for deciding questions related to the disqualification of Members of Parliament.

The Election Commission provides an impartial and expert opinion to the President on whether a Member of Parliament has become disqualified.

The decision of the President on disqualification matters is considered final.

Article 103 complements the anti-defection law by ensuring impartiality and expert evaluation in disqualification matters.

Article 103 is mentioned under Part V of the Constitution of India.
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