Article 103 of Constitution of India – Decision on questions as to disqualifications of members.
Article 103 of Constitution of India deals with Decision on questions as to disqualifications of members.
Original Text of Article 103 of Constitution of India
(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.]
Questions related to Article 103 of Constitution of India
Article 103 states that if any question arises about whether a Member of Parliament is disqualified, the President of India shall decide the matter, under the Constitution of India.
No, the President is constitutionally required to act based on the opinion of the Election Commission of India, ensuring a non-partisan and fair decision-making process, as stated in the Articles of Indian Constitution.
Cases involving holding an office of profit, loss of citizenship, unsoundness of mind, or disqualification under parliamentary laws like the Representation of the People Act are decided under Article 103, often cited in Indian Kanoon cases.
Yes, the decision is subject to judicial review. The courts can examine whether the Election Commission’s advice was followed and if the decision was constitutionally valid under the Indian Constitution.
You can refer to Indian Kanoon for landmark judgments and legal discussions where Article 103 was invoked, especially in MP disqualification cases, under the Constitution of India.
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