UPSC Prelims Practice Questions — SC to examine plea on CEC appointment law split verdict

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

  1. The Constitution expressly forbids varying the conditions of service of every Election Commissioner, and not only of the Chief Election Commissioner, to his disadvantage after appointment.
  2. The Chief Election Commissioner cannot be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court.
  3. An Election Commissioner other than the Chief Election Commissioner can be removed only on the recommendation of the Chief Election Commissioner.
  • A. 1 and 3 only
  • B. 1 and 2 only
  • C. 1, 2 and 3
  • D. 2 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Parliament changed the method of selecting the Chief Election Commissioner and Election Commissioners through an ordinary law in 2023, without amending Article 324.
  2. Article 324 makes the President's power to appoint the Chief Election Commissioner and other Election Commissioners subject to the provisions of any law made by Parliament.
  • 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

Q3. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Under the 2023 Act, members drawn from the Union executive form a majority on the committee that selects the Chief Election Commissioner and Election Commissioners.
  2. Under the 2023 Act, the Cabinet Minister on the selection committee is nominated by the Leader of Opposition in the Lok Sabha.
  • 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

Q4. With reference to the presence of a judicial member on selection panels for high constitutional and statutory offices, consider the following statements: Which of the statements given above is/are correct?

  1. The committee that selects the Chairperson and Members of the Lokpal includes the Chief Justice of India or a Supreme Court judge nominated by the Chief Justice.
  2. Under the 2023 Act, a Supreme Court judge nominated by the Chief Justice of India sits on the committee selecting Election Commissioners in place of the Chief Justice.
  3. The interim selection panel for Election Commissioners laid down in Anoop Baranwal (2023) had no member from the judiciary.
  • A. 2 and 3 only
  • B. 1 only
  • C. 1 and 3 only
  • D. 1 and 2 only

Q5. Consider the following assertion: 'The selection procedure under the 2023 Act gives the Union executive a decisive say in choosing the Chief Election Commissioner and Election Commissioners.' Which of the statements given above support/supports the assertion?

  1. Once appointed, the Chief Election Commissioner can be removed only in like manner and on the like grounds as a Judge of the Supreme Court.
  2. The Prime Minister chairs the Selection Committee and nominates the Cabinet Minister who sits on it.
  3. The Leader of Opposition in the Lok Sabha, or the leader of the largest opposition party, is a member of the Selection Committee.
  4. An appointment is not invalid merely because there is a vacancy in the Selection Committee, for instance when the opposition member's seat is unfilled.
  • A. 2 and 4 only
  • B. 1 and 2 only
  • C. 1, 3 and 4 only
  • D. 2, 3 and 4 only

Q6. Under the 2023 law governing the Election Commission of India, which one of the following correctly describes how a Chief Election Commissioner comes to be appointed?

  • A. A committee makes the appointment and the President only notifies it
  • B. A committee recommends a name that the Supreme Court must then confirm
  • C. A committee recommends a name and the President makes the appointment
  • D. A committee recommends a name that both Houses must then approve