Actual Article
Article 103: Decision on questions as to disqualifications of members
- 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.
- 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.
UPSC Notes for Article 103
Explanation:
- Referral to the President:
- If there is any question about whether a member of Parliament has become disqualified under Article 102, the matter is referred to the President of India for a decision.
- Role of the Election Commission:
- Before making a decision, the President must seek the opinion of the Election Commission of India and is required to act according to this opinion.
Key Points:
- Final Decision: The President’s decision on disqualification matters, following the Election Commission’s opinion, is final, ensuring a conclusive resolution.
- Election Commission’s Role: The Election Commission’s involvement ensures that the decision is based on an impartial and expert assessment.
- Checks and Balances: This provision establishes a system of checks and balances by involving both the executive and an independent constitutional body (Election Commission) in the decision-making process.
Important Cases and Commissions Related to Article 103
Cases:
- Indira Nehru Gandhi vs. Shri Raj Narain (1975): Highlighted the role of the Election Commission in maintaining the integrity of the electoral process, indirectly reinforcing the importance of its opinions on disqualification matters.
- K. Prabhakaran vs. P. Jayarajan (2005): Discussed the scope and interpretation of disqualification provisions, emphasizing the constitutional safeguards in place.
Commissions:
- Election Commission of India: Regularly involved in providing opinions on disqualification matters, ensuring that decisions are based on expert and impartial analysis.
- Law Commission Reports: Various reports have recommended reforms to enhance the clarity and effectiveness of disqualification provisions, ensuring fair and transparent processes.
Previous Year Prelims Questions Related to Article 103
- (UPSC Prelims 2016) Who has the authority to decide on the disqualification of a member of Parliament under Article 103?
- A. The Prime Minister
- B. The President
- C. The Chief Justice of India
- D. The Speaker of the Lok Sabha Correct Answer: B. The President
- (UPSC Prelims 2019) Whose opinion must the President seek before deciding on a member’s disqualification under Article 103?
- A. The Prime Minister
- B. The Attorney General
- C. The Election Commission
- D. The Chief Justice of India Correct Answer: C. The Election Commission
Previous Year Mains Questions Related to Article 103
- Mains 2017: “Discuss the role of the President and the Election Commission in deciding the disqualification of members of Parliament under Article 103. How does this process ensure impartiality and fairness?”
- Mains 2019: “Analyze the significance of involving the Election Commission in the disqualification process of members of Parliament as outlined in Article 103. How does this involvement uphold the integrity of the legislative body?”
Additional Insights:
- Impartial Decision-making: By involving the Election Commission, Article 103 ensures that disqualification decisions are made impartially and based on expert advice.
- Legal Finality: The President’s decision, guided by the Election Commission’s opinion, provides legal finality to disqualification matters, preventing prolonged disputes.
- Safeguarding Democratic Processes: This article helps maintain the integrity and credibility of the legislative process by ensuring that only qualified individuals serve as members of Parliament.
Understanding Article 103 is crucial for UPSC aspirants as it outlines the process for deciding on the disqualification of members of Parliament, ensuring that such decisions are made impartially and based on expert advice. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions governing the qualifications and disqualifications of parliamentary members.