Part V: The Union

Disqualifications of Members

Article 103: Decision on Questions as to Disqualifications of Members

--- Original Article ---

(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.

Explanation

Article 103 of the Constitution of India outlines the procedure for deciding whether a member of either House of Parliament has incurred disqualification under Article 102. This provision ensures a fair and consistent process is applied, maintaining the integrity of Parliament.

Clause-by-Clause Breakdown

• Referral to the President: If a question arises about the disqualification of a member of Parliament, it must be referred to the President for decision. The President’s decision is final and cannot be further challenged.
• Opinion of the Election Commission: Before making a decision, the President must obtain the opinion of the Election Commission. The President is required to act according to this opinion, making the Election Commission’s role crucial in the process.

Real-Life Examples

• 2013 Disqualification of MPs: Several Members of Parliament were disqualified after being convicted under the Representation of the People Act, 1951. The Election Commission’s opinion was pivotal in determining the outcomes, ensuring the process was free of political influence.

Historical Significance

The Forty-fourth Amendment, passed in the post-Emergency period (1975-77), was significant in restoring democratic principles and ensuring that disqualification matters were handled by an independent authority, rather than by political figures.

Legislative History

Article 103 was originally drafted as Article 84 of the Draft Constitution and was later incorporated into the Indian Constitution in 1949. Subsequent amendments, particularly the Forty-second and Forty-fourth Amendments, shaped its final form, ensuring impartial adjudication of disqualification matters through the involvement of the Election Commission.

--- Amendments ---

• The Constitution (Forty-second Amendment) Act, 1976: This amendment strengthened the process of disqualification by revising Article 103, effective from 1977.
• The Constitution (Forty-fourth Amendment) Act, 1978: Further modified the article to enhance the role of the Election Commission, requiring the President to act based on the Commission's opinion. This change took effect from June 20, 1979.

Debates and Deliberations

During the Constituent Assembly debates, Article 84 of the Draft Constitution (now Article 103) generated discussions about the involvement of the President and the need for impartiality. Dr. B. R. Ambedkar emphasized the importance of involving an independent body, like the Election Commission, to ensure fairness. The debates highlighted concerns about political influence over disqualification decisions, which led to the inclusion of the Election Commission's role in the final draft.

Mr. Naziruddin Ahmad raised concerns over the President's discretionary powers, fearing potential misuse. He proposed more explicit guidelines for when and how the President should act in these cases. However, the Assembly ultimately trusted the balance struck by consulting the Election Commission before the President’s decision.

The Forty-fourth Amendment in 1978 further solidified the non-political nature of the disqualification process by mandating that the President must act on the advice of the Election Commission, thereby insulating the process from potential political biases.