Article 103 of Indian Constitution, Interpretation & Importance

Article 103 of Indian Constitution outlines the President’s role in deciding disqualification of MPs. Learn its interpretation, legal importance, and related constitutional provisions.

Article 103 of Indian Constitution

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: 

  1. 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.
  2. Checks Political Misuse: By involving the Election Commission, Article 103 protects the MPs from politically motivated disqualifications, upholding democratic values.
  3. Upholds Constitutional Morality: It makes sure that decisions related to disqualification (under Article 102) are managed judiciously and constitutionally, not arbitrarily.
  4. Protects Legislative Sanctity: By setting up a clear and consultative process, it provides the credibility and stability of legislative institutions.
Also Check Related Articles
Article 295 of Indian Constitution Article 194 of Indian Constitution
Article 39 of Indian Constitution Article 191 of Indian Constitution
Article 20 of Indian Constitution Article 16 of Indian Constitution
Article 67 of Indian Constitution Article 40 of Indian Constitution
Article 78 of Indian Constitution
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Article 103 of Indian Constitution FAQs

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