UPSC Prelims Practice Questions — ‘Democratic protest must take place, but don’t drag SC into it’

Q1. With reference to the right to protest under Article 19 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. The freedom to assemble peaceably under Article 19 is available to every person in India, including foreign nationals.
  2. A gathering whose participants carry arms falls outside the protection of the freedom of assembly itself, regardless of whether any restriction has been imposed by law.
  3. Freedom of speech and expression and freedom of peaceable assembly are each subject to a separate clause listing the grounds on which they may be restricted.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 1 and 3 only

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

  1. A law prohibiting peaceful, unarmed assemblies near a court complex solely in the interests of decency or morality could not be saved by the clause of Article 19 that permits restrictions on the right to assemble.
  2. Article 19(3) permits reasonable restrictions on the right to assemble peaceably only in the interests of the sovereignty and integrity of India or public order.
  • 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. The right to approach the Supreme Court for the enforcement of fundamental rights is itself a fundamental right.
  2. High Courts may issue writs not only for the enforcement of fundamental rights but also for any other purpose.
  • 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 security of tenure of members of the Election Commission of India, consider the following statements: Which of the statements given above is/are correct?

  1. An Election Commissioner other than the Chief Election Commissioner can be removed only in like manner and on the like grounds as a Judge of the Supreme Court.
  2. An Election Commissioner other than the Chief Election Commissioner can be removed only on the recommendation of the Chief Election Commissioner.
  3. The Constitution expressly bars varying the conditions of service of every Election Commissioner to their disadvantage after appointment.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 and 2 only
  • D. 2 only

Q5. Consider the following facts: In March 2023, the Supreme Court directed that the Chief Election Commissioner (CEC) and Election Commissioners be appointed on the recommendation of a committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India, until Parliament made a law. A 2023 law of Parliament then provided for a Selection Committee of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. Which of the following inferences can be drawn from the above?

  1. Under the 2023 law, members drawn from the government of the day form a majority of the Selection Committee.
  2. The court-designed committee was an interim arrangement, consistent with the Constitution making these appointments subject to any law made by Parliament.
  3. The change in the committee's composition also changed the manner in which a sitting CEC can be removed from office.
  • A. 1 and 2 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1 and 3 only

Q6. With reference to the writ jurisdiction of the Supreme Court and the High Courts in India, consider the following statements: Which of the statements given above is/are correct?

  1. The Supreme Court's writ jurisdiction under Article 32 extends to the enforcement of any legal right, not merely fundamental rights.
  2. The writ power of the High Courts under Article 226 is in derogation of the Supreme Court's writ power under Article 32.
  3. Parliament may by law empower any other court to exercise the Supreme Court's writ powers within its local limits, without prejudice to the Supreme Court's own powers.
  4. The right to move the Supreme Court under Article 32 cannot be suspended except as otherwise provided for by the Constitution.
  • A. 2 and 3 only
  • B. 1, 3 and 4 only
  • C. 3 and 4 only
  • D. 1, 2, 3 and 4

Q7. Under Article 324(1) of the Constitution of India, the superintendence, direction and control of which one of the following is NOT vested in the Election Commission of India?

  • A. Election to the office of the Vice-President
  • B. Preparation of electoral rolls for Parliament
  • C. Elections to the Panchayats in a State
  • D. Elections to a State Legislative Council