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Article 103 of CoI : Article 103: Decision on questions as to disqualifications of members.

Constitution of India

ARTICLES

PART V: THE UNION

CHAPTER II: PARLIAMENT

Disqualifications of Members

Article 103: Decision on questions as to disqualifications of members.

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Explanation using examples

Example 1:

Scenario: A Member of Parliament (MP) is accused of holding an office of profit under the government, which is a disqualification under Article 102(1)(a) of the Constitution of India.

Process:

  1. Question Raised: A complaint is filed by a political opponent alleging that the MP is holding an office of profit.
  2. Referral to President: The question of disqualification is referred to the President of India.
  3. Election Commission's Opinion: The President seeks the opinion of the Election Commission of India on whether the MP is indeed holding an office of profit.
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