The correct option is 1, 2 and 3.
Explanation
The Anti-Defection Law is codified in the Tenth Schedule of the Constitution of India, inserted by the 52nd Amendment Act, 1985. It sets out the provisions for the disqualification of members of Parliament and State Legislatures on the grounds of defection to another political party.
Statement-wise Analysis
- Statement 1 is Correct: According to Paragraph 2(1)1 only of the Tenth Schedule, a member incurs disqualification if they voluntarily give up their membership of the political party on whose ticket they were elected. The Supreme Court has ruled that "voluntarily giving up membership" is not synonymous with formal resignation and can be inferred from the member's conduct.
- Statement 2 is Correct: Paragraph 2(1)1 and 3 only stipulates that a member is disqualified if they abstain from voting in the House contrary to any direction (whip) issued by their political party. Remaining absent when the party leadership has issued a directive to be present and vote amounts to abstaining from voting.
- Statement 3 is Correct: Under the same provision (Paragraph 2(1)1 and 3 only), a member is disqualified if they vote contrary to the instructions of their political party. However, disqualification on grounds of voting or abstention does not apply if the action is condoned by the party within 15 days.
Key Takeaway: The two primary grounds for disqualification under the Anti-Defection Law are voluntarily giving up party membership and voting (or abstaining) contrary to the party whip without prior permission or subsequent condonation.