Article 103

Part V — The Union · Constitution of India

Article 103

Decision on questions as to disqualifications of members. (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.

In plain wordsWhen a question arises whether a sitting MP has become disqualified, the President decides and that decision is final. The President must first get the Election Commission's opinion and act according to it, so the Commission's view is what really settles the matter.

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