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Answer

Correct Option is 1,2 and 3

The 10th Schedule of the Indian Constitution popularly referred to as the Anti-Defection Law was inserted by the 52nd Amendment (1985) to the Constitution. Hence statement 1 and 2 is correct. Defection has been defined as, “To abandon a position or association, often to join an opposing group”.The anti-defection law was enacted to ensure that a party member does not violate the mandate of the party and in case he does so, he will lose his membership of the House. The law applies to both Parliament and state assemblies. The Anti-Defection Law aims to prevent MPs from switching political parties for any personal motive. A member incurs disqualification under the defection law 1.If the voluntary gives up the membership of the political party on whose ticket he is elected to the House 2.If he votes or abstains from voting in the House contrary to any direction given by his political party 3. If any independently elected member joins any political party; and 4.If any nominated member joins any political party after the expiry of six months. The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha(and not by the president of India). In 1992, the Supreme Court ruled that the decision of the Chairman/Speaker in this regard is subject to judicial review. Hence statement 3 is correct.

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