Decision on Questions of Disqualification of Members
Official heading: “Decision on questions as to disqualifications of members”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part V, Article 103, printed pages 46–47
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1. In One Sentence
Article 103 mandates that questions regarding the disqualification of an MP under Article 102(1) must be referred to the President of India, whose decision based on the binding opinion of the Election Commission is final.
2. What It Means in Everyday Language
Article 103 provides the constitutional dispute-resolution mechanism when a sitting Member of Parliament is alleged to have incurred any disqualification listed under Article 102(1).
The question is submitted to the President of India, whose formal decision is constitutionally declared final. However, the President does not act on executive cabinet advice under Article 74; instead, the President is constitutionally bound to refer the question to the Election Commission of India.
Under Clause (2), the President must obtain the opinion of the Election Commission and act strictly in accordance with that opinion. This ensures an impartial, quasi-judicial investigation into facts such as holding an office of profit or criminal conviction thresholds.
Crucially, Article 103 applies solely to disqualifications under Article 102(1). Disqualifications under the Anti-Defection Law (Article 102(2) and the Tenth Schedule) are decided by the Speaker or Chairman of the House, NOT the President.
3. Practical Illustrative Example
A petition alleges that a sitting MP has accepted an unexempted paid government chairmanship, violating the office of profit rule.
4. Important Limits, Qualifications & Exceptions
Article 103 establishes a quasi-judicial process for determining MP disqualifications.
- Exclusive presidential jurisdiction for Article 102(1) disqualifications.
- Mandatory and binding role of the Election Commission of India.
- Excludes anti-defection disputes, which are determined by parliamentary presiding officers.
- Finality clause subject to constitutional judicial review against procedural arbitrariness.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 103, printed pages 46–47 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.