UPSC Prelims Practice Questions — Separation of powers and CJI’s refusal

Q1. With reference to the separation of powers under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. Because the separation of powers forms part of the basic structure, a constitutional amendment that strips the courts of jurisdiction can be tested against it and struck down.
  2. A court cannot strike down a law merely because the law fails to give effect to the direction contained in Article 50.
  3. Article 50 speaks only of separating the judiciary from the executive in the public services, and is silent about the legislature.
  • A. 2 and 3 only
  • B. 1, 2 and 3
  • C. 1 and 3 only
  • D. 1 and 2 only

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

  1. The Constitution of India adopts a rigid separation of powers under which the executive is kept wholly apart from the legislature.
  2. The Council of Ministers is collectively responsible to the House of the People.
  • 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. With reference to the constitutional safeguards available to the Chief Election Commissioner (CEC), consider the following statements: Which of the statements given above is/are correct?

  1. The CEC can be removed by an order of the President only after each House of Parliament presents an address, passed by a special majority, on the ground of proved misbehaviour or incapacity.
  2. The conditions of service of the CEC cannot be varied to the CEC's disadvantage after appointment.
  3. The other Election Commissioners enjoy the same constitutional protection against adverse variation of their service conditions after appointment as the CEC.
  4. The Supreme Court may itself remove the CEC from office if it finds misconduct while hearing a writ petition against the Election Commission.
  • A. 1 and 4 only
  • B. 1, 2 and 3 only
  • C. 1 and 2 only
  • D. 2, 3 and 4 only

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

  1. An Election Commissioner other than the Chief Election Commissioner has weaker constitutional security of tenure than the Chief Election Commissioner.
  2. An Election Commissioner other than the Chief Election Commissioner can be removed on the recommendation of the Chief Election Commissioner, without the special-majority parliamentary process needed to remove 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

Q5. With reference to the panel laid down by the Supreme Court in Anoop Baranwal v. Union of India (2023) and the panel under the Chief Election Commissioner and Other Election Commissioners Act, 2023, for selecting the CEC and ECs, consider the following statements: Which of the statements given above is/are correct?

  1. Both panels include the Prime Minister and the Leader of the Opposition (or leader of the largest Opposition party) in the Lok Sabha.
  2. The 2023 Act kept the Chief Justice of India on the panel but replaced the Leader of the Opposition with a Union Cabinet Minister.
  3. Members drawn from the government of the day form a majority of the panel under the 2023 Act, which was not so under the panel laid down by the Court.
  • A. 1 and 3 only
  • B. 1, 2 and 3
  • C. 2 and 3 only
  • D. 1 and 2 only

Q6. With reference to the constitutional provisions that insulate the legislature and the judiciary from each other, consider the following statements: Which of the statements given above is/are correct?

  1. A State Legislature may discuss the conduct of a High Court judge in the discharge of duties once a motion for that judge's removal has been moved in it.
  2. The validity of proceedings in Parliament cannot be called in question in a court on the ground of an alleged irregularity of procedure.
  3. A similar bar protects proceedings in a State Legislature against challenge on the ground of an alleged irregularity of procedure.
  4. An officer of Parliament vested with powers to maintain order in the House is not subject to the jurisdiction of any court for the exercise of those powers.
  • A. 2 and 3 only
  • B. 1, 2, 3 and 4
  • C. 1, 2 and 3 only
  • D. 2, 3 and 4 only

Q7. With reference to the 'Restatement of Values of Judicial Life' (1997), consider the following statements: Which of the statements given above is/are correct?

  1. A judge's breach of the Restatement is a ground on which the Supreme Court can itself remove that judge from office.
  2. The Restatement was adopted by the Supreme Court at its own Full Court meeting rather than enacted by Parliament.
  3. An 'in-house procedure' was adopted for taking remedial action against judges who do not follow accepted values of judicial life.
  • A. 1 and 2 only
  • B. 1 and 3 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q8. Consider the following assertion: Even though the Chief Justice of India declined to meet political leaders over their grievances, persons detained for peaceful protest are not left without a judicial remedy. Which of the following statements support/supports the above assertion?

  1. The superintendence, direction and control of the preparation of electoral rolls is vested in the Election Commission.
  2. The Supreme Court has the power to issue writs, including in the nature of habeas corpus, for the enforcement of Fundamental Rights.
  3. The right to move the Supreme Court for the enforcement of Fundamental Rights cannot be suspended except as otherwise provided by the Constitution.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 3 only