Article 103 of the Costitution of India with Case law
Article 103 of the Constitution of India – Decision on questions as to disqualifications of members deals with the authority and procedure for deciding whether a Member of Parliament (MP) has become disqualified from being a member under Articles 102 or 191.
📜 Text of Article 103:
103(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.
103(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.
🔎 Explanation:
Who decides disqualification? – The President of India
Role of Election Commission: – The President must seek the opinion of the Election Commission, and act in accordance with it.
This article ensures that decisions on disqualifications are non-partisan and are made with due process.
⚖️ Related Case Laws:
1. K. Prabhakaran v. P. Jayarajan [(2005) 1 SCC 754]
Facts: Disqualification on ground of criminal conviction.
Held: Supreme Court emphasized the need for strict interpretation of disqualification provisions under Articles 102 and 103.
Significance: The court reiterated that the President's decision is binding and must be based on EC's opinion.
2. Election Commission of India v. Gajanan Krishnaji Bapat [(1995) 5 SCC 347]
Issue: Role of EC's opinion in disqualification matters.
Held: EC's opinion is not merely advisory but binding on the President.
Significance: Strengthens the independence of the Election Commission in political disqualifications.
3. Raja Ram Pal v. Speaker, Lok Sabha [(2007) 3 SCC 184]
Though related primarily to Article 122 and parliamentary privileges, the judgment discussed the limits of judicial review in matters like disqualification and internal proceedings.
The Court held that judicial review is permissible where constitutional provisions are violated, including those in Article 103.
🧾 Important Points to Remember:
Article 103 applies only to Members of Parliament.
Disqualifications under Article 102(1) (office of profit, unsound mind, insolvency, foreign citizenship, etc.).
Finality of President’s decision subject to judicial review in the Supreme Court under Article 32 or in High Courts under Article 226.
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