Q. The final authority to decide whether a member of the Rajya Sabha has become subject to disqualification under article 102 (1), or based on “office of profit” as a ground for disqualification, is the _?
Answer: President of India
Notes: If any question arises as to whether a member of the House has become subject to disqualification under article 102 (1), the question is referred for the decision of the President and his decision is final. The President generally obtains the opinion of the Election Commission of India before giving decision on any such matter. However, if under article 102 (2) any question arises as to whether a member of the House has become subject to disqualification under the Tenth Schedule to the Constitution, the question is referred to the Chairman, Rajya Sabha and in this case the chairman’s decision is final.