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Answer

Correct Option is 2 and 3

The 52nd Amendment Act of 1985 provided for the disqualification of the members of Parliament and the state legislatures on the ground of defection from one political party to another. It made changes to the Constitution and added a new Schedule (the Tenth Schedule) to Constitution. This act is referred to as the ‘anti-defection law’. Any question regarding disqualification arising out of defection is to be decided by the presiding officer of the House (Speaker and Chairman of Parliament and state legislatures). The presiding officer can take up a defection case only when he receives a complaint from a member of the House. Before making the final decision, he must give the member (against whom the complaint has been made) a chance to submit his explanation. He may also refer the matter to the committee of privileges for inquiry. Hence, defection has no immediate and automatic effect. Hence statement 1 is correct and statements 2 and 3 are incorrect.

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