UPSC Prelims Practice Questions — A split verdict, faltering remedies and people’s power
Q1. With reference to the constitutional provisions on the composition of the Election Commission of India and appointments to it, consider the following statements: Which of the statements given above is/are correct?
- The Constitution does not itself lay down a selection procedure for the Chief Election Commissioner; it makes the President's power of appointment subject to any law that Parliament makes on the subject.
- The Constitution fixes the number of Election Commissioners other than the Chief Election Commissioner at two, and this number can be changed only by a constitutional amendment.
- When other Election Commissioners have been appointed, the Chief Election Commissioner acts as the Chairman of the Election Commission.
- A. 1 only
- B. 1, 2 and 3
- C. 1 and 3 only
- D. 2 and 3 only
Q2. Consider the following statements: Which of the following is correct in respect of the above statements?
- An Election Commissioner other than the Chief Election Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.
- Differences of opinion between the Chief Election Commissioner and the other Election Commissioners are resolved by majority, so each member's view carries equal weight.
- 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?
- Parliament is competent to lay down by law the procedure for selecting the Chief Election Commissioner and the other Election Commissioners.
- Article 324 of the Constitution itself requires the Chief Election Commissioner to be appointed on the recommendation of a committee that includes 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
Q4. With reference to how the Supreme Court of India decides cases, consider the following statements: Which of the statements given above is/are correct?
- A case involving a substantial question of law as to the interpretation of the Constitution can be decided only by a Bench of at least five judges.
- A judgment of the Supreme Court can be delivered only with the concurrence of a majority of the judges present at the hearing.
- A judge who does not agree with the majority may deliver a separate dissenting judgment.
- A. 2 only
- B. 1, 2 and 3
- C. 1 and 3 only
- D. 1 and 2 only
Q5. Consider the following assertion: Before 2023, the choice of the Chief Election Commissioner and the Election Commissioners rested in effect with the Union executive. Which of the statements given below support the above assertion?
- Article 324(2) vests the appointment in the President, subject to any law that Parliament may make on the subject.
- The 1991 Act on the service conditions of Election Commissioners made no provision for the process of appointment.
- The Chief Election Commissioner can be removed only in the manner and on the grounds applicable to a Supreme Court judge.
- The 1991 Act placed the salaries of the Chief Election Commissioner and the Election Commissioners on a par with a Supreme Court judge's salary.
- A. 1 and 2 only
- B. 1, 2 and 3 only
- C. 3 and 4 only
- D. 2 and 4 only