UPSC Prelims Practice Questions — SC says time too short to look into transfers in Bengal
Q1. In the 2026 West Bengal case the Supreme Court examined the Election Commission's power to move officers. Absent any intervention by the Election Commission, the power to transfer and post members of the All India Services deployed within a State ordinarily vests in which authority?
- A. The State Government, as the cadre-controlling authority for postings
- B. The Union Public Service Commission
- C. The Department of Personnel and Training, Government of India
- D. The Chief Electoral Officer of the State
Q2. The Election Commission's power to transfer officers, characterised by the Supreme Court as 'plenary' in the 2026 West Bengal case, is traced primarily to which constitutional provision?
- A. Article 324
- B. Article 243K
- C. Article 329
- D. Article 320
Q3. Mohinder Singh Gill v. Chief Election Commissioner (1978), the leading authority on Article 324 relied upon in the 2026 West Bengal case, was decided by a Bench of how many judges?
- A. Three
- B. Five
- C. Seven
- D. Nine
Q4. With reference to Mohinder Singh Gill v. Chief Election Commissioner (1978), consider the following statements:
1. The Court held that Article 324 is a reservoir of power available to the Election Commission only in areas not already occupied by legislation made by Parliament or a State legislature.
2. It held that where the Representation of the People Acts have made provision, the Election Commission must act in conformity with those laws.
3. The case arose out of an Election Commission order for a repoll in a parliamentary constituency in Gujarat.
Which of the statements given above is/are correct?
- The Court held that Article 324 is a reservoir of power available to the Election Commission only in areas not already occupied by legislation made by Parliament or a State legislature.
- It held that where the Representation of the People Acts have made provision, the Election Commission must act in conformity with those laws.
- The case arose out of an Election Commission order for a repoll in a parliamentary constituency in Gujarat.
- A. 1 and 2 only
- B. 1 and 3 only
- C. 2 and 3 only
- D. 1, 2 and 3
Q5. Once elections are announced, any transfer or posting of an officer connected with election work in a poll-bound State cannot be effected without the prior approval of which authority?
- A. The Election Commission of India
- B. The State Chief Secretary
- C. The Chief Electoral Officer of the State
- D. The Central Government (Department of Personnel and Training)
Q6. Which one of the following best describes the Model Code of Conduct (MCC) of the Election Commission of India?
- A. A set of guidelines evolved by consensus among political parties, without statutory backing, operative from the announcement of the election schedule
- B. A statutory code enacted under the Representation of the People Act, 1951 and enforceable by penal sanction
- C. A schedule to the Constitution binding on candidates and parties
- D. Rules framed by Parliament under Article 324 having the force of law
Q7. With reference to the 2026 Supreme Court proceedings on the West Bengal officer transfers, consider the following statements:
1. The Bench that dismissed the plea was headed by Chief Justice of India Surya Kant.
2. The plea reached the Supreme Court as an appeal against the Calcutta High Court's dismissal of the petition.
3. The Election Commission had transferred 16 IPS officers and 63 senior bureaucrats in West Bengal, including the Chief Secretary and the DGP.
Which of the statements given above is/are correct?
- The Bench that dismissed the plea was headed by Chief Justice of India Surya Kant.
- The plea reached the Supreme Court as an appeal against the Calcutta High Court's dismissal of the petition.
- The Election Commission had transferred 16 IPS officers and 63 senior bureaucrats in West Bengal, including the Chief Secretary and the DGP.
- A. 1 and 2 only
- B. 1 and 3 only
- C. 2 and 3 only
- D. 1, 2 and 3
Q8. In challenging the Election Commission's West Bengal transfers before the Supreme Court in 2026, the petitioner principally relied on which statute?
- A. The Representation of the People Act, 1951
- B. The All-India Services Act, 1951
- C. The Representation of the People Act, 1950
- D. The Chief Election Commissioner and Other Election Commissioners Act, 2023
Q9. In the constitutional scheme, an 'All India Service' is best defined as a service that is:
- A. Common to the Union and the States, created under Article 312 on a Rajya Sabha resolution, whose members serve both
- B. A Central Civil Service whose members serve only under the Union Government
- C. A State Service whose members are recruited and controlled solely by the State Public Service Commission
- D. A constitutional service whose members are appointed directly by the respective Governors
Q10. Under the All-India Services Act, 1951, which single authority is empowered to frame the rules regulating the conditions of service of members of the All India Services?
- A. The Central Government, after consultation with the State Governments
- B. Each State Government independently for its own cadre
- C. The Union Public Service Commission
- D. Parliament, by fresh legislation for each rule
Q11. In the 2026 election cycle, the Election Commission ordered large-scale pre-poll transfers of officers across the States/UT that were going to Assembly polls simultaneously with West Bengal. Including West Bengal, how many States/UTs made up this simultaneous 2026 poll group?
- A. Four
- B. Five
- C. Six
- D. Seven
Q12. Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the CEC and Election Commissioners are appointed by the President on the recommendation of a Selection Committee. Who heads/chairs this Selection Committee?
- A. The Prime Minister
- B. The Chief Justice of India
- C. The Cabinet Secretary
- D. The Vice-President