UPSC Prelims Practice Questions — A Court divided by its own architecture

Q1. With reference to Article 145(3) of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. Every case in which the constitutional validity of a Central law is challenged must be heard by a Bench of at least five judges.
  2. The requirement of a minimum of five judges also applies to the hearing of a reference made by the President under Article 143.
  3. Article 145(3) fixes the strength of a Constitution Bench at exactly five judges, so a larger Bench cannot be constituted to decide such a question.
  • A. 2 only
  • B. 1, 2 and 3
  • C. 1 and 2 only
  • D. 2 and 3 only

Q2. With reference to the appointment of members of the Election Commission of India, consider the following statements: Which of the statements given above is/are NOT correct?

  1. The Constitution fixes the number of Election Commissioners other than the Chief Election Commissioner at two.
  2. The Constitution does not itself prescribe a selection procedure and leaves the appointment process open to regulation by a law made by Parliament.
  3. Under the 2023 Act, the Selection Committee is not confined to the names suggested to it by the Search Committee.
  • A. 1 and 2 only
  • B. 1 only
  • C. 1 and 3 only
  • D. 3 only

Q3. A constitutional provision says that appointments to a constitutional body shall be made by the President 'subject to any law made by Parliament'. For decades Parliament makes no such law. The Supreme Court then directs that, until Parliament legislates, appointments be made on the advice of a committee that includes the Chief Justice of India. Later, Parliament enacts a law creating a committee without the Chief Justice. In this context, consider the following statements: Which of the statements given above is/are correct?

  1. The Court's arrangement was designed to fill a legislative vacuum, so it may be displaced by a later law made by Parliament.
  2. Because a Constitution Bench laid down the arrangement, Parliament can alter it only through a constitutional amendment under Article 368.
  3. The new law can still be challenged before the courts on the ground that it violates the Constitution.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 3 only

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

  1. The selection committee that included the Chief Justice of India, laid down in Anoop Baranwal v. Union of India (2023), ceased to govern appointments of Election Commissioners once the 2023 Act came into force.
  2. Article 324(2) makes the appointment of 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

Q5. With reference to security of tenure within the Election Commission of India, consider the following statements: Which of the statements given above is/are correct?

  1. A Regional Commissioner can be removed by the President without the recommendation of any other authority.
  2. The Chief Election Commissioner can be removed only 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 cannot be removed except on the recommendation of the Chief Election Commissioner.
  • A. 2 only
  • B. 1, 2 and 3
  • C. 2 and 3 only
  • D. 1 and 2 only

Q6. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. When the two judges of a Division Bench of the Supreme Court disagree on a challenge to a statute, the challenge stands dismissed and the statute is treated as upheld.
  2. Ordinarily, orders placing matters before particular Benches of the Supreme Court are passed by the Chief Justice of India.
  • 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