UPSC Prelims Practice Questions — SC seeks govt. reply on law giving lifelong immunity to CEC

Q1. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Constitution gives the Election Commissioners, other than the Chief Election Commissioner, weaker security of tenure than the Chief Election Commissioner.
  2. The Chief Election Commissioner is appointed by the President, whereas the other Election Commissioners are appointed by the Chief Election Commissioner.
  • 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

Q2. With reference to the appointment of the Chief Election Commissioner and Election Commissioners in India, consider the following statements: Which of the statements given above are correct?

  1. Article 324 makes the President's power of appointment subject to the provisions of any law made by Parliament in that behalf.
  2. The selection committee constituted in Anoop Baranwal v. Union of India was meant to govern appointments permanently, irrespective of any later law made by Parliament.
  3. Under the 2023 Act, the Selection Committee may consider a person who is not included in the panel prepared by the Search Committee.
  4. The 1991 Act that the 2023 Act replaced had also laid down a procedure for selecting the Chief Election Commissioner and Election Commissioners.
  • A. 1, 3 and 4 only
  • B. 2, 3 and 4 only
  • C. 1 and 2 only
  • D. 1 and 3 only

Q3. Consider the following facts: I. Article 324 provides that the appointment of the Chief Election Commissioner and other Election Commissioners by the President shall be subject to any law made by Parliament in that behalf. II. Until 2023, Parliament had made no such law. III. In March 2023, the Supreme Court constituted a selection committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India, to operate until Parliament enacted a law. IV. A 2023 Act of Parliament provides for a Selection Committee of the Prime Minister, the Leader of the Opposition in Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. Which of the following inferences can be drawn from the above facts?

  1. Once the 2023 Act came into force, the committee constituted by the Supreme Court ceased to govern appointments.
  2. The omission of the Chief Justice of India from the statutory committee by itself renders the 2023 Act unconstitutional.
  3. Members drawn from the Union executive form a majority of the statutory Selection Committee.
  4. The appointment procedure can be altered by ordinary legislation without amending the Constitution.
  • A. 1, 3 and 4 only
  • B. 1 and 2 only
  • C. 1, 2, 3 and 4
  • D. 2, 3 and 4 only

Q4. Suppose Parliament enacts a law providing that no court shall entertain any civil or criminal proceedings against a class of public functionaries for acts done in the discharge of official duty. With reference to the constitutional principles governing such a provision, consider the following statements: Which of the statements given above is/are correct?

  1. The law cannot take away the power of a High Court under Article 226 to examine whether the functionaries acted within the limits of law.
  2. Because judicial review is part of the Basic Structure, every statutory provision restricting suits against public functionaries for official acts is void.
  3. Had the same ouster been inserted by a constitutional amendment instead, it could validly exclude High Court review under Article 226 altogether.
  • A. 1 and 2 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

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

  1. A law made by Parliament that wholly excludes the writ jurisdiction of the High Courts under Article 226 is liable to be struck down.
  2. The right to move the Supreme Court for the enforcement of Fundamental Rights under Article 32 is itself a Fundamental Right.
  • 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 immunity of the President and Governors under Article 361 and the protection given to 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. The immunity of the President and Governors flows from the Constitution itself, whereas the protection of the Chief Election Commissioner and Election Commissioners flows from an ordinary law and is therefore open to challenge on constitutional grounds.
  2. No criminal proceedings can be instituted or continued against a Governor in any court during the Governor's term of office.
  3. The bar on criminal proceedings against the President continues even after the President demits office, in respect of acts done during the term.
  • A. 1, 2 and 3
  • B. 1 only
  • C. 1 and 2 only
  • D. 2 and 3 only