Under the Constitution of India, who finally decides disputes regarding the disqualification of members of Parliament, after obtaining the opinion of the Election Commission?

Introduction / Context:
Disqualification of members of Parliament is a sensitive subject because it directly affects the composition of the supreme legislative body in the country. The Constitution lays down a specific procedure and designates a particular authority to decide these disputes. This question checks whether you know who takes the final decision and what role the Election Commission plays in that process.

Given Data / Assumptions:

• The dispute is about disqualification of a member of Parliament.
• The Constitution prescribes a procedure for such disputes.
• The Election Commission gives an opinion, but someone else takes the formal decision.
• We must identify the authority that finally decides the matter.

Concept / Approach:
Article 103 of the Constitution of India deals with decisions on questions as to disqualifications of members. It states that if any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in Article 102, the question shall be referred for the decision of the President and the decision shall be final. Before giving such decision, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.

Step-by-Step Solution:
Step 1: Recall Article 102 which lists grounds for disqualification of members of Parliament, such as holding an office of profit, unsound mind or being an undischarged insolvent. Step 2: Recall Article 103 which explains the procedure when a question arises about such disqualification. Step 3: Article 103 clearly states that the question is referred to the President whose decision is final. Step 4: Article 103 also requires that before making a decision, the President must obtain the opinion of the Election Commission and is bound by that opinion in practice. Step 5: Therefore, the correct answer is that the President of India, in consultation with the Election Commission, decides the dispute.

Verification / Alternative check:
A useful way to verify is to remember that the Election Commission plays a technical and advisory role regarding electoral matters, while the constitutional head of the Union, the President, formally issues the final order. Also note that the judiciary may later review the constitutionality of such decisions, but the initial decision maker specified in the Constitution is the President. Linking Article 103 with the President and the Election Commission helps fix the concept.

Why Other Options Are Wrong:

• The Supreme Court of India: The Supreme Court can review the legality of actions, but the Constitution does not make it the first decision making authority for disqualification questions under Article 103.
• The Election Commission acting alone: The Election Commission gives its opinion, but the formal and final decision is taken by the President based on that opinion.
• The Prime Minister in consultation with the Election Commission: The Prime Minister is not the authority mentioned in Article 103 for deciding disqualification disputes.
• The Speaker of the Lok Sabha: The Speaker decides disqualification matters under the Tenth Schedule in relation to anti defection for members of the Lok Sabha, but the general constitutional disqualifications under Article 102 are decided in the manner laid down in Article 103, which names the President.

Common Pitfalls:
Learners sometimes mix up the role of the Speaker in anti defection cases with the role of the President under Article 103. Another common mistake is to think that the Election Commission itself issues the final order. Remember that for general constitutional disqualifications of MPs, the President decides, whereas for anti defection under the Tenth Schedule, the presiding officer of the House decides. Keeping these two areas distinct prevents confusion in exam questions.

Final Answer:
Disputes regarding the disqualification of members of Parliament are finally decided by the President of India in consultation with the Election Commission.