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Q38
(CISF/2024)
Polity & Governance › Parliament
If any question arises as to whether a Member of the Parliament has become subject to any of the disqualifications mentioned in Article 102(1), who among the following is empowered to take the final decision?
Result
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Correct:
A
Explanation
According to Article 103 of the Indian Constitution, if any question arises as to whether a Member of Parliament has become subject to any of the disqualifications mentioned in Article 102(1), the question is referred to the President of India, whose decision is final.
- Article 102(1) includes disqualifications such as holding an office of profit, being of unsound mind, being an undischarged insolvent, or not being a citizen of India.
- Under Article 103(2), the President must obtain the opinion of the Election Commission of India and act according to such opinion.
- It is important to note that disqualifications on the ground of defection (under the Tenth Schedule, as per Article 102(2)) are decided by the Presiding Officer of the House (Speaker or Chairman), not the President.
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