The correct answer is 1 only. In News: Gauhati High Court has directed Nagaland Assembly Speaker Sharingain Longkumer to conclude the disqualification proceedings against seven lawmakers of the Opposition Naga People’s Front (NPF) and pass appropriate orders within six weeks from June 2. On April 24, 2019, the NPF filed disqualification petitions against its seven suspended MLAs for “wilfully” defying its collective decision to support the Congress candidate in the 2019 Lok Sabha polls. NPF claimed the seven MLAs had willfully given up their party membership, thereby attracting provisions under the 10th Schedule (anti-defection law) of the Constitution. These MLAs, however, said as the NPF’s decision to support the Congress candidate was “against the principle of regionalism”, they said they had backed the other candidate. The NPF had not contested the polls. Key Points What is the anti-defection law? The Tenth Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act. Hence, Statement 1 is correct. It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House. The decision on the question as to disqualification on the ground of defection is referred to the Chairman or the Speaker of such House, and his decision is final. Mistake Points The law applies to both Parliament and state assemblies. Hence, Statement 2 is NOT correct. Additional Information Disqualification: If a member of a house belonging to a political party: Voluntarily gives up the membership of his political party, or Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified. If an independent candidate joins a political party after the election. If a nominated member joins a party six months after he becomes a member of the legislature. Exceptions under the law: Legislators may change their party without the risk of disqualification in certain circumstances. The law allows a party to merge with or into another party provided that at least two-thirds of its legislators are in favor of the merger. In such a scenario, neither the members who decide to merge nor the ones who stay with the original party will face disqualification. The decision of the Presiding Officer is subject to judicial review: The law initially stated that the decision of the Presiding Officer is not subject to judicial review. This condition was struck down by the Supreme Court in 1992, thereby allowing appeals against the Presiding Officer’s decision in the High Court and Supreme Court. However, it held that there may not be any judicial intervention until the Presiding Officer gives his order. Decision on questions as to disqualification on the ground of defection.-(1) If any question arises as to whether a member of a House has become subject to disqualification under this Schedule, the question shall be referred for the decision of the Chairman or, as the case may be, the Speaker of such House and his decision shall be final. Hence, Statement 3 is Not correct.