Article 102 of the Constitution of India

as, and for being, a member of either House ofParliament— (a) if he holds any office of profit under the Government of India or the Government of any State,other than an office declared by Parliament by lawnot to disqualify its holder; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is underany acknowledgment of allegiance or adherence to aforeign State; (e) if he is so disqualified by or under any law made by Parliament. 1[Explanation. —For the purposes of this clause] a person shall not be deemed to hold an office of profitunder the Government of India or the Government ofany State by reason only that he is a Minister either forthe Union or for such State. 2[(2) A person shall be disqualified for being a member of either House of Parliament if he is sodisqualified under the Tenth Schedule.] 3[103. (1) If any question arises as to whether a member of either House of Parliament has become subject to anyof the disqualifications mentioned in clause (1) of article102, the question shall be referred for the decision of thePresident and his decision shall be final.Disqualificationsfor membership. Decision on questions as todisqualifications ofmembers. 1Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the purposes of this article” (w.e.f. 1-3-1985) 2Ins. by s. 3, ibid. (w.e.f. 1-3-1985). 3Art. 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20 (w.e.f. 3-1-1977) and the Constitution (Forty-fourth Amendment) Act,1978, s. 14 to read as above (w.e.f. 20-6-1979).THE CONSTITUTION OF INDIA (Part V. —The Union. —Arts. 101—103.)48 (2) Before giving any decision on any such question, the President shall obtain the opinion of the ElectionCommission and shall act according to such opinion.]