Article 103 of the Constitution of India talks about the questions such as the disqualification of members. The Constitution of India provides the outline of governance of India as well as the structure, power and responsibilities of government bodies. In this article, we are going to cover all about Article 103 of the Indian Constitution.
Article 103 of the Indian Constitution Interpretation
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.”
Article 103 of the Constitution of India talks about the disqualification of a member of Parliament and its reference to the President of India. The article makes it compulsory for the President to ask the opinion of the Election Commission of India and work accordingly before announcing the decision. The decision given by the President is always final. The Election Commission is consulted in order to make the decision impartial and ensures a system of checks and balances.
Article 103 of Indian Constitution Importance
Article 103 deals with the decision on disqualification of Members of Parliament. The article is important due to the following reasons:
- Independent Decision-Making: It gives the President of India the power to decide on disqualification cases only after receiving the opinion of the Election Commission.
- Checks Political Misuse: By involving the Election Commission, Article 103 protects the MPs from politically motivated disqualifications, upholding democratic values.
- Upholds Constitutional Morality: It makes sure that decisions related to disqualification (under Article 102) are managed judiciously and constitutionally, not arbitrarily.
- Protects Legislative Sanctity: By setting up a clear and consultative process, it provides the credibility and stability of legislative institutions.
Article 103 of Indian Constitution FAQs
Q1: What is the Article 103 of the Constitution?
Ans: Article 103 empowers the President to decide on disqualification of Members of Parliament, based on the Election Commission’s opinion.
Q2: What is the 103rd Amendment of the Indian Constitution?
Ans: The 103rd Amendment provides 10% reservation in education and jobs for Economically Weaker Sections (EWS) of the general category.
Q3: What is Article 104 of the Constitution of India?
Ans: Article 104 imposes a penalty on Members of Parliament for sitting or voting while disqualified,
Q4: What is the importance of Article 103?
Ans: It ensures impartial and constitutionally guided decisions on MP disqualifications through consultation with the Election Commission.
Q5: When can a member of parliament be disqualified?
Ans: An MP can be disqualified for reasons like defection, holding an office of profit, unsound mind, insolvency, or under anti-defection laws.