(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.

Debate Summary

Article 83-A, Draft Constitution, 1948

Decision on question as to disqualifications of members. 

(1) If any question arises as to whether a member of either House of parliament has been subject to any of the disqualifications mentioned in clause (1) of the last preceding Article, 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.

 

Draft Article 83-A was not a part of the original Draft Constitution, 1948. It was introduced by the Draft Committee on 1st August 1949. The Draft Article made the President of India, the final authority on deciding matters relating to the disqualification of the members of the Parliament.

 

The Draft Article was adopted without any debate on 1st August 1949.