Constitution of India, 1949
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.