Under the Constitution of India, who is empowered to decide on the disqualification of a Member of Parliament (excluding cases under the Tenth Schedule), and whose opinion must be obtained before making such a decision?

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Under Article 103 of the Indian Constitution, questions regarding the disqualification of members of Parliament (other than on grounds of defection under the Tenth Schedule, which are decided by the Presiding Officers of the Houses) are decided by the President of India. Before giving any decision on such a question, the President must obtain the opinion of the Election Commission and act according to such opinion.

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