Constitution Section 103 — Decision on questions as to disqualifications of members

Part V — THE UNION — Disqualifications of Members

Constitutional

Summary

If a question comes up about whether a member of either House of Parliament has become disqualified under the rules in Article 102, that question must be sent to the President for a final decision. Before the President makes that decision, he must get the opinion of the Election Commission and then follow that opinion.

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.