Article 103 of the Indian Constitution can be understood and considered as an extension of Article 102 of the Indian constitution.
Indian Constitution has a varied structure due to the distribution of Articles and Amendments in such a way that one may be an extension of another. It is so because it is difficult to cover all the aspects of even one subject in one particular Amendment or Article.
Article 103 of the Indian Constitution – An Overview
Article 103 of the Indian Constitution reflects on the fact that if there has to be a disqualification of a member from the House, then how will it be executed, and who will take a decision on that?
Article 103 Of The Indian Constitution – In Detail
Let us break down Article 103 of the Indian Constitution into its clauses and understand them one by one in detail.
Clause 1 – As it is & Explained
“(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”
The first clause of Article 103 of the Indian Constitution says that if there arises a situation where a member has become subject to the disqualification of the membership as per the provisions defined in Clause (1) of Article 102 of the Indian Constitution, then the decision on questions will be taken by the President of India.
Whatever decisions he takes will be the final decision and the execution will take place by that decision.
Clause 2 – As it is & Explained
“(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to a such opinion”
The second clause says that the President has to consult Election Commission for its opinion and shall consider that opinion while taking any decisions in the scenario mentioned in the first clause.
After the President has gained an opinion from the Election Commission of India, he shall take his decisions according to the opinion.
The President of India is the supreme of the country and thus he is also in charge of taking important decisions in different aspects of the country. Here as well, we can see that the president holds the authority to take any final decision.
But, we can also see that the President is not solely responsible for taking all the decisions alone. The constitution of India has indeed provided him with the utmost power but is also keeping a check on his power and usage of power as well.
Thus, we conclude that the constitution of India can never impart the notion of any inequality in terms of authority, power, and actions. Article 103 of the Indian constitution thus can be considered as an extension of Article 102 of the Indian Constitution.
Who takes the final decision on the disqualification of the membership?
The President of India takes the final decision on the disqualification of the membership.
Whose consent shall the Presdient take while finalizing the decision?
The Presdient of India shall take the consent of the Election Commission of India while taking the final decision.