Constitution of India · Part V: The Union · Disqualifications of Members
Article 103: Decision on questions as to disqualifications of members
In plain words
If a question arises whether a member of Parliament has become disqualified under clause (1) of article 102, it is decided by the President, whose decision is final. The President must obtain the Election Commission's opinion and act according to it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 103
- In Re: Article 370 of the Constitution v. .
- Yamal Manojbhai v. Union of India & Ors.
- Keisham Meghachandra Singh v. The Hon’Ble Speaker Manipur Legislative Assembly & Ors.
- Govt. of NCT of Delhi v. Union of India
- Public Interest Foundation & Ors. v. Union of India & Anr.
- Supreme Court Advocates-On-Record Association and Another v. Union of India
- Election Commission of India v. Bajrang Bahadur Singh & Ors.
- Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors.
- Lily Thomas v. Union of India & Ors.
- Siddharam Satlingappa Mhetre v. State of Maharashtra and Others
- University of Kerala v. Council, Principals, Colleges, Kerala & Others
- Consumer Education & Research Society v. Union of India & Ors.
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Jagjlt Singh v. State of Haryana and Ors.
- Jaya Bachchan v. Union of India and Ors.
- Rameshwar Prasad and Ors. v. Union of India and Anr.
- Pu Myllai Hlychho and Ors. v. State of Mizoram and Ors.
- P.V. Narasimha Rao Etc. Etc. v. State (Cbl/Spe) Etc. Etc.
- Election Commission of India v. Dr. Subramanian Swamy and Anr.
- Dr. Kashinath G. Jalmi and Anr. Etc. Etc. v. Speaker and Ors.
- Kihoto Hollohan v. Zachillhu and Others
- Manohar Joshi Etc. v. Damodar Tatyaba @ Dadasaheb Rupwate and Ors.
- S.P. Gupta & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- Electlon Commission of India v. N. G. Ranga and Ors.
- Smt. Indira Nehru Gandhi v. Shri Raj Narain
- Brundaban Nayak v. Election Commission of India and Another
- N.Satyanathan v. K. Subramanyan and Others.