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Who decides the questions relating to the disqualification of the members of the Parliament as per Article 103 of the Constitution of India?
Question



Who decides the questions relating to the disqualification of the members of the Parliament as per Article 103 of the Constitution of India?

A.

Election Commission

B.

Supreme Court

C.

Speaker

D.

President

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.

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