UPSC Prelims Practice Questions — Opposition’s notice against CEC still unacknowledged: O’Brien

Q1. In the context of the 2026 Opposition notices against the Chief Election Commissioner, the safeguard in Article 324(5) that the CEC 'shall not be removed except in like manner and on the like grounds as a Judge of the Supreme Court' precisely means that the CEC can be removed only:

  • A. by an order of the President, after an address by both Houses of Parliament in the same session supported by the prescribed special majority, on the ground of proved misbehaviour or incapacity
  • B. by an order of the President acting on the binding advice of the Union Council of Ministers, on grounds of misconduct
  • C. on the recommendation of the Supreme Court collegium, after an inquiry by a sitting judge
  • D. by a simple majority resolution of the Rajya Sabha, ratified by the President

Q2. The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha refused to admit the March 2026 notices for removal of the CEC by exercising powers under which one of the following statutes?

  • A. The Judges (Inquiry) Act, 1968
  • B. The Commissions of Inquiry Act, 1952
  • C. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
  • D. The Representation of the People Act, 1951

Q3. Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, who chairs the Selection Committee that recommends the appointment of the CEC?

  • A. The Prime Minister
  • B. The President of India
  • C. The Chief Justice of India
  • D. The Leader of the Opposition in the Lok Sabha

Q4. With reference to the constitutional and statutory framework invoked during the 2026 move to remove the CEC, consider the following statements: 1. The CEC can be removed only by the President after an address by both Houses of Parliament. 2. Any other Election Commissioner can be removed only on the recommendation of the CEC. 3. The salary and service conditions of the CEC are, by statute, equal to those of a Judge of the Supreme Court. 4. The CEC and other ECs are appointed by the President on the recommendation of a Selection Committee. Which of the statements given above is/are correct?

  1. The CEC can be removed only by the President after an address by both Houses of Parliament.
  2. Any other Election Commissioner can be removed only on the recommendation of the CEC.
  3. The salary and service conditions of the CEC are, by statute, equal to those of a Judge of the Supreme Court.
  4. The CEC and other ECs are appointed by the President on the recommendation of a Selection Committee.
  • A. 1 and 2 only
  • B. 1, 2 and 4
  • C. 2, 3 and 4
  • D. 1, 3 and 4