Consider the following statements about the Anti Defection law 1 If a member goes out of his party a...........

Indian Polity Elections

Consider the following statements about the Anti-Defection law:

1. If a member goes out of his party as a result of merger of the party with another party he would not be disqualified on the ground of defection.

2. The decision of Presiding Officer cannot be challenged in any court.

3. The law does not make differentiation between independent & nominated member regarding defection law.

Which among the above statements is/are incorrect?

1 only

2 only

2 and 3 only

1 and 2 only

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Explanation:

The 52nd Amendment Act, 1985 provides disqualification of member of parliament & state Legislative Assembly on the ground of defection. Disqualification of members on ground of if s/he is voluntarily gives up her/his membership to to any other political party or if he/she abstain from voting.
It distinct between indivisual & group defection that is if a member goes to another party he will be disqualified but 2/3 members of a party merged their party to anther party its not the case of defection.
The decision of Presiding Officer is challenged in SC (Kihoto Hollohan case 1993) on the ground of mala fide, perversity, etc. Thus Goswami committee on electoral reforms, ECI, NCRW commission recommended that the taking away the power of disqualifying members from the hands of Presiding Officer & decision should be made by the President on the advice of ECI.