UPSC Prelims Practice Questions — CEC has ‘lifelong blanket immunity’ for helping PM Modi ‘steal’ polls: Rahul

Q1. With reference to the constitutional safeguards for members of the Election Commission of India under Article 324, consider the following statements: Which of the statements given above is/are correct?

  1. After appointment, the conditions of service of the Chief Election Commissioner may be varied to the CEC's disadvantage, provided this is done through a law made by Parliament.
  2. The Chief Election Commissioner can be removed from office only in the manner and on the grounds applicable to a Judge of the Supreme Court.
  3. An Election Commissioner other than the CEC can be removed by the President without any recommendation, since only the CEC enjoys constitutional protection of tenure.
  • A. 1 and 3 only
  • B. 2 and 3 only
  • C. 2 only
  • D. 1 only

Q2. The CEC and Other ECs Act, 2023 provides that a recommendation of the Selection Committee shall not be invalid merely because of a vacancy in the Committee. Critics flagged this clause because, if the Lok Sabha is dissolved shortly before a general election,

  • A. the Leader of the Opposition in the Rajya Sabha would take up the empty seat on the Committee
  • B. the members drawn from the government side could select the Commissioners with no opposition voice present
  • C. the President could appoint the Commissioners without waiting for any recommendation of the Committee
  • D. the Chief Justice of India would automatically fill the empty seat until a new House is constituted

Q3. With reference to the protection from legal proceedings given to the Chief Election Commissioner and Election Commissioners under Section 16 of the CEC and Other ECs Act, 2023, consider the following statements: Which of the statements given above are correct?

  1. It extends to acts done while purporting to act in the discharge of official duty, and not merely to acts that are strictly within that duty.
  2. It bars proceedings against a Commissioner even for conduct that is wholly unconnected with the functions of the office.
  3. The protection lapses once the person ceases to hold the office of CEC or Election Commissioner.
  4. It bars civil suits as well as criminal prosecutions.
  • A. 1 and 2 only
  • B. 1, 3 and 4 only
  • C. 2, 3 and 4 only
  • D. 1 and 4 only

Q4. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Section 16 of the CEC and Other ECs Act, 2023 has been criticised on the ground that it weakens the accountability of the Chief Election Commissioner and Election Commissioners for their official acts.
  2. Section 16 of the CEC and Other ECs Act, 2023 allows a Chief Election Commissioner to be prosecuted for official acts only after sanction has been obtained from the President.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q5. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Supreme Court has treated the independence of the Election Commission as a constitutional requirement and not merely as a matter of legislative policy.
  2. Under the CEC and Other ECs Act, 2023, members drawn from the Union executive hold two of the three seats on the Selection Committee.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q6. With reference to the role of the Leader of the Opposition (LoP) in the selection of the Chief Election Commissioner and Election Commissioners under the 2023 Act, consider the following statements: Which of the statements given above is/are correct?

  1. Where no Leader of the Opposition in the Lok Sabha has been recognised, the leader of the single largest opposition party in the Lok Sabha takes that place on the Selection Committee.
  2. The LoP's seat on the Selection Committee is a requirement laid down in Article 324 of the Constitution.
  3. Because the Selection Committee must decide unanimously, the LoP can block any recommendation.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 1 and 3 only

Q7. The 2023 Bill on the CEC and ECs, as introduced, proposed pegging their salary to that of the Cabinet Secretary instead of a Supreme Court judge, the benchmark under the 1991 Act. Critics argued that this change could weaken the Commission's independence mainly because

  • A. the Cabinet Secretary's pay is determined by the executive, whereas a Supreme Court judge's pay is fixed by a law of Parliament
  • B. the Cabinet Secretary's pay is charged on the Consolidated Fund, whereas a judge's pay is voted annually by the Lok Sabha
  • C. the Cabinet Secretary's pay can be cut in a financial emergency, whereas a Supreme Court judge's pay can never be cut
  • D. the Cabinet Secretary holds office at the President's pleasure, and that tenure rule would then extend to the CEC as well