Home The Constitution Part V Article 103

Art. 103 Part V: The Union

Decision on Questions as to Disqualifications of Members

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This Article gives the President formal authority to decide disputed disqualification questions (under Article 102(1) — not Tenth Schedule anti-defection matters, which the Speaker/Chairman decides under Kihoto Hollohan) — but critically, the President MUST first obtain the Election Commission's opinion and is bound to act according to it, making this effectively an Election Commission decision channeled through the President's formal authority.

Why This Matters To You

How it shows up in everyday life

This is why, even though the President formally 'decides' these disqualification questions, the substantive determination actually comes from the independent Election Commission — another example of the President's largely formal role being guided by another constitutional body's binding input.

Read alongside this one

Art. 102 — Disqualifications for Membership Art. 324 — Election Commission

Frequently Asked

Quick answers about Article 103

Can the President decide a disqualification question differently from the Election Commission's opinion?

No — clause (2) specifically requires the President to act 'according to' the Election Commission's opinion, making it effectively binding rather than merely advisory.

← PreviousArticle 102: Disqualifications for Membership Next →Article 104: Penalty for Sitting and Voting Before Making Oath or Affirmation Under Article 99 or When Not Qualified or When Disqualified

The text above reproduces Article 103 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.