With reference to the anti-defection law, which of the following statements is/are incorrect?

1. According to it, a Member of Parliament or State Legislature is deemed to have defected if he voluntarily resigns from his party or disobeys the directives of the party leadership on a vote
2. A Constitution Bench of the Supreme Court has ruled that the law does not violate any rights or freedoms of the legislators

Select the correct answer using the code given below:

a) 1 only 
b) 2 Only
 c) Both 1 and 2 
 d) Neither 1 nor 2

Solution: d.

“The 52nd amendment to the Constitution added the Tenth Schedule which laid down the process by which legislators may be disqualified on grounds of defection. A Member of Parliament or state legislature was deemed to have defected if he either voluntarily resigned from his party or disobeyed the directives of the party leadership on a vote.”

“Does the law impinge on the right of free speech of the legislators? This issue was addressed by the five-judge Constitution Bench of the Supreme Court in 1992 (Kihoto Hollohan vs Zachilhu and others). The court said that “the anti-defection law seeks to recognise the practical need to place the proprieties of political and personal conduct…above certain theoretical assumptions.” It held that the law does not violate any rights or freedoms, or the basic structure of parliamentary democracy.”

http://www.thehindu.com/opinion/lead/lead-article-by-congress-leader-manish-tewari-on-liberate-the-legislator/article8537888.ece