[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.
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1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "
(a) if
he holds any such office of profit under the Government of India or the Government of
any State as is declared by Parliament by law to disqualify its holder" (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 45 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for "
(2) for the
purposes of this art." (w.e.f. 1-3-1985).
3. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 14, for art. 103 (w.e.f. 20-6-1979).
47 THE CONSTITUTION OF INDIA
(Part V.—The Union)
(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.]
