What Is Constitution Of India Article 103?

Constitution Of India Article 103: Decision on Questions as to Disqualifications of Members

⁴[103. Decision on questions as to disqualifications of members.—

1. (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. (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.]

NOTE

⁴ Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103 (w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 14, for art. 103 (w.e.f. 20-6-1979).

Brief Detail

Article 103 establishes the procedure for deciding questions about the disqualification of members of Parliament. The decision lies with the President, who acts based on the opinion of the Election Commission. Additionally, the Speaker of the Lok Sabha does not vacate the office during the period of dissolution until the next Lok Sabha convenes.

Question & Answers

Who decides on the disqualification of a Member of Parliament?

The President of India decides on the disqualification of a Member of Parliament based on the opinion of the Election Commission.

What happens to the Speaker's office during the dissolution of the Lok Sabha?

The Speaker of the Lok Sabha remains in office until just before the first meeting of the newly constituted Lok Sabha after the dissolution.

Example

Suppose a Member of Parliament is alleged to hold an office of profit, leading to disqualification under Article 102. The matter will be referred to the President, who will make a decision after consulting the Election Commission.

Summary

Article 103 provides the mechanism for resolving disqualification disputes of Parliament members and ensures continuity in the Speaker's office during the dissolution of the Lok Sabha.