UPSC Prelims Practice Questions — Was a ‘proper debate’ held in Parliament on CEC and ECs appointment law, asks SC

Q1. The five-judge Constitution Bench that delivered the Anoop Baranwal v. Union of India (2023) judgment on the appointment of Election Commissioners was headed by which one of the following judges?

  • A. Justice K.M. Joseph
  • B. Justice Dipankar Datta
  • C. Justice Satish Chandra Sharma
  • D. Justice D.Y. Chandrachud

Q2. As an interim measure in Anoop Baranwal v. Union of India (2023), the Supreme Court directed that the Chief Election Commissioner and Election Commissioners be appointed by the President on the advice of a committee consisting of which of the following?

  • A. Prime Minister, Leader of the Opposition in the Lok Sabha, and the Chief Justice of India
  • B. Prime Minister, a Union Cabinet Minister, and the Chief Justice of India
  • C. Prime Minister, Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister
  • D. President, Prime Minister, and the Chief Justice of India

Q3. Under the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Search Committee headed by the Cabinet Secretary is required to prepare a panel of how many persons for the consideration of the Selection Committee?

  • A. Three
  • B. Five
  • C. Two
  • D. Seven

Q4. Under the CEC and Other Election Commissioners Act, 2023, the Search Committee that prepares the panel of candidates for appointment as CEC or EC is headed by which one of the following?

  • A. Cabinet Secretary
  • B. Principal Secretary to the Prime Minister
  • C. Union Law Secretary
  • D. Secretary, Ministry of Home Affairs

Q5. The Election Commission of India, as the body vested with the superintendence, direction and control of elections, derives its constitutional basis from which one of the following Articles?

  • A. Article 324
  • B. Article 280
  • C. Article 315
  • D. Article 148

Q6. With reference to Article 324 of the Constitution, consider the following statements: 1. Article 324 itself fixes the number of Election Commissioners at two, in addition to the Chief Election Commissioner. 2. The Chief Election Commissioner and other Election Commissioners are appointed by the President. 3. Under Article 324, such appointments are subject to the provisions of any law made in that behalf by Parliament. 4. Article 324 itself prescribes the qualifications and tenure of the Chief Election Commissioner. Which of the statements given above are correctly identified?

  1. Article 324 itself fixes the number of Election Commissioners at two, in addition to the Chief Election Commissioner.
  2. The Chief Election Commissioner and other Election Commissioners are appointed by the President.
  3. Under Article 324, such appointments are subject to the provisions of any law made in that behalf by Parliament.
  4. Article 324 itself prescribes the qualifications and tenure of the Chief Election Commissioner.
  • A. 1 and 2
  • B. 2 and 3
  • C. 1, 2 and 4
  • D. 3 only

Q7. With respect to the removal of the Chief Election Commissioner (CEC) from office, which one of the following statements is correct?

  • A. The CEC can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court
  • B. The CEC can always be removed by the President on the recommendation of an Election Commissioner
  • C. The CEC can never be removed from office once appointed, until attaining the age of 65 years
  • D. The CEC can be removed solely on the advice of the Prime Minister

Q8. The rule that an Election Commissioner (other than the CEC) 'shall not be removed from office except on the recommendation of the Chief Election Commissioner' is best understood to mean which one of the following?

  • A. An Election Commissioner has a lower degree of security of tenure than the CEC, since the CEC's recommendation is a precondition for removal
  • B. An Election Commissioner can be removed only through a motion passed by both Houses of Parliament by special majority
  • C. An Election Commissioner cannot be removed under any circumstances during the fixed term of office
  • D. An Election Commissioner is removable directly by the Prime Minister without any recommendation

Q9. Consider the following statements comparing the 2023 Act with the interim regime laid down in Anoop Baranwal (2023): 1. The 2023 Act replaced the Chief Justice of India in the selection panel with a Union Cabinet Minister nominated by the Prime Minister. 2. The 2023 Act changed the conditions of service of the CEC from being equivalent to a Supreme Court judge to being equivalent to the Cabinet Secretary. 3. Unlike the interim regime, the 2023 Act made the Chief Justice of India the chairperson of the Selection Committee. Which of the statements given above are correct?

  1. The 2023 Act replaced the Chief Justice of India in the selection panel with a Union Cabinet Minister nominated by the Prime Minister.
  2. The 2023 Act changed the conditions of service of the CEC from being equivalent to a Supreme Court judge to being equivalent to the Cabinet Secretary.
  3. Unlike the interim regime, the 2023 Act made the Chief Justice of India the chairperson of the Selection Committee.
  • A. 1 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q10. With reference to the 2026 Supreme Court proceedings on the CEC and Other Election Commissioners Act, 2023, consider the following statements: 1. The matter was heard by a Division Bench of Justices Dipankar Datta and Satish Chandra Sharma. 2. The Court voiced a concern that executive-dominated appointments could create a 'tyranny of the elected'. 3. In March 2024, the Supreme Court had stayed the operation of the 2023 Act before the General Elections. 4. The petitioners contended that the 2023 Act must invariably be struck down because it wholly abolishes the Election Commission. Which of the statements given above are correctly identified?

  1. The matter was heard by a Division Bench of Justices Dipankar Datta and Satish Chandra Sharma.
  2. The Court voiced a concern that executive-dominated appointments could create a 'tyranny of the elected'.
  3. In March 2024, the Supreme Court had stayed the operation of the 2023 Act before the General Elections.
  4. The petitioners contended that the 2023 Act must invariably be struck down because it wholly abolishes the Election Commission.
  • A. 1 and 2
  • B. 2 and 3
  • C. 1, 3 and 4
  • D. 2 and 4

Q11. With reference to the relationship between the legislature and the judiciary in India, consider the following statements: 1. A legislature may nullify the basis of a judicial decision by enacting a valid law that removes the defect the court had identified. 2. A legislature cannot directly overrule a court judgment by merely declaring it void, without altering the underlying legal basis. 3. Under the basic structure doctrine, even a constitutional amendment can be struck down if it damages the basic structure of the Constitution. 4. In Anoop Baranwal (2023), the Supreme Court held that Parliament is permanently barred from legislating on the appointment of Election Commissioners. Which of the statements given above are correctly identified?

  1. A legislature may nullify the basis of a judicial decision by enacting a valid law that removes the defect the court had identified.
  2. A legislature cannot directly overrule a court judgment by merely declaring it void, without altering the underlying legal basis.
  3. Under the basic structure doctrine, even a constitutional amendment can be struck down if it damages the basic structure of the Constitution.
  4. In Anoop Baranwal (2023), the Supreme Court held that Parliament is permanently barred from legislating on the appointment of Election Commissioners.
  • A. 1 and 4
  • B. 2 and 4
  • C. 1, 2 and 3
  • D. 3 and 4 only