Section 192 in THE CONSTITUTION (FORTY-SECOND AMENDMENT) ACT, 1976
192. Decision on questions as to disqualification.-
(1)If any question arises-(a)as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, or(b)as to whether a person, found guilty of a corrupt practice at an election to a House of the Legislature of a State under any law made by Parliament, shall be disqualified for being chosen as, and for being a member of either House of Parliament or of a House of the Legislature of a State, or as to the period for which he shall be so disqualified, or as to the removal of, or the reduction of the period of, such disqualification,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 consult the Election Commission and the Election Commission may, for this purpose, make such inquiry as it thinks fit.".
