UPSC Prelims Practice Questions — Legislative majority a key factor, Shinde faction argues in SC

Question 1

A question as to whether a member of a State Legislative Assembly has become subject to disqualification on the ground of defection is determined by which one of the following?

Accepted Answer

The Presiding Officer of the House concerned, acting on a petition made by any other member of that House

Answer

The Governor of the State, who acts on the opinion of the Election Commission of India in the matter

Answer

The Election Commission of India, in exercise of its powers under the Election Symbols (Reservation and Allotment) Order, 1968

Answer

A tribunal constituted for the purpose by the High Court of the State concerned on a reference by the House

Question 2

Consider the following statements comparing the anti-defection law as it originally stood with its present form:
1. The Tenth Schedule was inserted into the Constitution by the Fifty-second Amendment in 1985.
2. The exemption from disqualification available to a defection caused by one-third of the members of a legislature party splitting away was withdrawn in 2003 by the Ninety-first Amendment.
3. Under the provisions as they now stand, a merger is protected from disqualification only if at least two-thirds of the members of the legislature party concerned agree to it.
Which of the statements given above is/are correct?

Accepted Answer

1, 2 and 3

Answer

1 and 2 only

Answer

2 only

Answer

1 and 3 only

Question 3

Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 confers on the Election Commission of India the power to do which one of the following?

Accepted Answer

Determine which of two rival sections of a recognised party is that party, its decision binding on all such sections

Answer

Deregister a political party that has not contested any general election for six consecutive years, after a hearing

Answer

Confer national party status on a State party that has won seats in four or more States at a general election

Answer

Direct the amalgamation of two registered parties that have contested a general election in a pre-poll alliance

Question 4

Consider the following statements about how the Election Commission dealt with the rival Shiv Sena claims at the interim stage and at the final stage:
1. At the interim stage in October 2022 the Commission barred both the Thackeray and Shinde camps from using the party name 'Shiv Sena' as well as the 'bow and arrow' symbol, allotting each of them a substitute name and symbol.
2. Under that interim arrangement the Shinde camp went to the polls on the 'flaming torch' symbol while the Thackeray camp was given 'two swords and a shield'.
3. By its final order of February 2023 the Commission allotted both the name 'Shiv Sena' and the 'bow and arrow' symbol to the faction led by Eknath Shinde.
Which of the statements given above is/are correct?

Accepted Answer

1 and 3 only

Answer

1 and 2 only

Answer

2 and 3 only

Answer

1, 2 and 3

Question 5

With reference to the Supreme Court's 2023 judgment arising out of the Maharashtra political crisis, consider the following statements:
1. It held that the legislative party cannot act independently of the political party that set it up.
2. It reinstated Uddhav Thackeray as Chief Minister on the ground that his removal was unconstitutional.
3. It was delivered in May 2023 by a three-judge Bench headed by the Chief Justice of India.
4. It was delivered in the case titled Subhash Desai v. Government of Maharashtra.
Which of the above is/are NOT correct?

Accepted Answer

2 and 3

Answer

1 and 4

Answer

3 only

Answer

2, 3 and 4

Question 6

The proposition that a legislature party cannot act independently of the political party which set it up was laid down by a Constitution Bench of the Supreme Court in which one of the following cases?

Accepted Answer

Subhash Desai v. Government of Maharashtra

Answer

Sadiq Ali v. Election Commission of India

Answer

Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly

Answer

Kihoto Hollohan v. Zachillhu and Others

Question 7

Consider the following statements about the Chief Election Commissioner as compared with the other Election Commissioners:
1. The Chief Election Commissioner can be removed from office only in the 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 from office by the President only on the recommendation of the Chief Election Commissioner.
3. Under the law enacted in 2023, the Selection Committee that recommends persons for appointment to these offices consists of the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India.
Which of the statements given above is/are correct?

Accepted Answer

1 and 2 only

Answer

1 only

Answer

2 and 3 only

Answer

1, 2 and 3

Question 8

Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, how many members constitute the Selection Committee on whose recommendation the President appoints the Chief Election Commissioner and the Election Commissioners?

Accepted Answer

Three

Answer

Four

Answer

Five

Answer

Six

Question 9

The order of January 2024 rejecting the plea to disqualify sixteen MLAs of the Shinde camp, including Eknath Shinde, arising out of the 2022 Shiv Sena revolt, was passed by which authority?

Accepted Answer

The Speaker of the Maharashtra Legislative Assembly, in proceedings under the Tenth Schedule to the Constitution

Answer

The Election Commission of India, in continuation of its order on the rival claims to the party name and symbol

Answer

The Governor of Maharashtra, on a reference made to him by the Legislative Assembly on the rival claims

Answer

A Constitution Bench of the Supreme Court, in the proceedings arising out of the Maharashtra political crisis

Question 10

Consider the following statements about the Election Commission's order of February 2023 in the Shiv Sena dispute:
1. In arriving at its conclusion the Commission relied on the share of votes polled in the 2019 Maharashtra Assembly election by those winning Shiv Sena candidates who later backed Eknath Shinde, placed at about 76 per cent.
2. The same order permitted the Uddhav Thackeray faction to retain the 'flaming torch' symbol until the completion of the assembly bypolls then under way in the State.
3. The order gave the name 'Shiv Sena' to the Shinde-led faction but kept the 'bow and arrow' symbol frozen against both factions pending further proceedings.
Which of the statements given above is/are correct?

Accepted Answer

1 and 2 only

Answer

1 and 3 only

Answer

2 and 3 only

Answer

1, 2 and 3

Question 11

With reference to the proceedings in the Shiv Sena symbol case before the Supreme Court in 2026, consider the following statements:
1. The petitions against the Election Commission's symbol order are being heard by a Bench headed by Chief Justice of India Surya Kant.
2. The Thackeray side has contended that a split in the legislature party can never by itself amount to a split in the political party.
3. The Shinde side has contended that legislative majority is the sole and conclusive criterion for determining which faction is the real political party.
4. The Thackeray side has also assailed the Maharashtra Speaker's orders declining to disqualify sixteen MLAs of the Shinde group.
Which of the above is/are NOT correct?

Accepted Answer

3 only

Answer

1 and 2

Answer

2 and 4

Answer

1, 2 and 4

Question 12

Consider the following descriptions of party-split disputes decided by the Election Commission of India:
1. All India Anna Dravida Munnetra Kazhagam (2017) — the Commission first froze the 'two leaves' symbol and barred both rival groups from using the party name, and later in the same year recognised the Palaniswami-led group as the party.
2. Nationalist Congress Party (2024) — the Commission recognised the Ajit Pawar-led group as the real party on the strength of its legislative majority, the rival group being permitted the name 'Nationalist Congress Party – Sharadchandra Pawar' and the symbol 'man blowing turha'.
3. Samajwadi Party (2017) — the Commission froze the 'cycle' symbol and allotted it to neither of the rival groups.
4. All India Anna Dravida Munnetra Kazhagam (2017) — the Commission's final decision recognised the group led by V. K. Sasikala as the party.
Which of the above is/are correctly identified?

Accepted Answer

1 and 2

Answer

2 and 3

Answer

3 and 4

Answer

1, 3 and 4

UPSC Prelims Practice Questions — Legislative majority a key factor, Shinde faction argues in SC

Q1. A question as to whether a member of a State Legislative Assembly has become subject to disqualification on the ground of defection is determined by which one of the following?

Q3. Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 confers on the Election Commission of India the power to do which one of the following?

Q6. The proposition that a legislature party cannot act independently of the political party which set it up was laid down by a Constitution Bench of the Supreme Court in which one of the following cases?

Q9. The order of January 2024 rejecting the plea to disqualify sixteen MLAs of the Shinde camp, including Eknath Shinde, arising out of the 2022 Shiv Sena revolt, was passed by which authority?