Correct option is D
The correct answer is
President. According to Article 103 of the Constitution of India, the final authority in deciding matters related to the disqualification of members of Parliament lies with the
President of India.
Explanation:
Article 103 of the Indian Constitution outlines the process for determining the disqualification of members of Parliament under certain grounds, such as holding an office of profit, being convicted of certain criminal offenses, or becoming an undischarged insolvent. When a question arises regarding the disqualification of a member of Parliament, it is referred to the
Election Commission for its opinion.
However,
the final decision on disqualification is made by the President of India. The
President acts based on the advice given by the
Election Commission, but the final authority rests with the President, who may accept or reject the Commission's recommendation. The President's role is essentially to formalize the disqualification after reviewing the Commission's opinion.
Information Booster:
·
President: The
President of India is the constitutional head of state and has the final say in matters of disqualification of MPs under
Article 103, even though the Election Commission’s opinion is sought.
·
Election Commission: The
Election Commission provides the President with its opinion on the matter of disqualification. While it plays an important role, its recommendation is not binding; the
President makes the ultimate decision.
·
Speaker: The
Speaker of the Lok Sabha (or Chairman of the Rajya Sabha) can refer a disqualification case to the
Election Commission for its opinion, but the Speaker does not have the power to make the final decision on disqualification.
·
Supreme Court: While the
Supreme Court has judicial review power, the initial decision regarding disqualification is not directly within the Court’s domain under Article 103. However, the Court can intervene if there is a legal challenge to the President's decision.