UPSC Prelims Practice Questions — Changing the guard, confronting the democratic crisis

Q1. Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the President appoints the CEC and ECs on the recommendation of a Selection Committee of the Prime Minister (Chairperson), the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. A recommendation is not invalid merely because of a vacancy in the Committee. A Search Committee prepares a panel of five names, but the Selection Committee may also consider persons outside that panel. Consider the following inferences: Which of the inferences given above can validly be drawn?

  1. The Leader of Opposition can veto a recommendation that the other two members support.
  2. If the office of the Leader of Opposition is vacant, a valid recommendation may come solely from members belonging to the Union government.
  3. The Search Committee is legally dispensable, since the Selection Committee may make its choice without any panel being prepared.
  • A. 2 only
  • B. 1 only
  • C. 1, 2 and 3
  • D. 2 and 3 only

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

  1. The exclusion of the Chief Justice of India from the selection panel by the 2023 Act does not, by itself, amount to non-compliance with the judgment in Anoop Baranwal v. Union of India.
  2. In Anoop Baranwal, the Supreme Court directed that the committee of the Prime Minister, the Leader of Opposition and the Chief Justice of India would advise on appointments only until Parliament made a law on the subject.
  • 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. Free and fair elections form part of the basic structure of the Constitution, so the independence of the Election Commission is constitutionally required.
  2. Article 324(2) of the Constitution requires the President to consult the Chief Justice of India before appointing the Chief Election Commissioner.
  • 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. Consider the following assertion: 'The independence of the Election Commission of India is a constitutional requirement and not merely a matter of legislative policy.' Which of the following statements support the above assertion?

  1. Free and fair elections have been held to be part of the basic structure of the Constitution.
  2. The Chief Election Commissioner cannot be removed except in like manner and on like grounds as a Judge of the Supreme Court.
  3. The President may from time to time fix the number of Election Commissioners.
  4. The Selection Committee may consider persons who are not in the panel prepared by the Search Committee.
  • A. 2 and 4 only
  • B. 1 and 2 only
  • C. 1, 2 and 3 only
  • D. 1, 2, 3 and 4

Q5. 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. The protection against removal that the Constitution gives the Chief Election Commissioner extends equally to every other Election Commissioner.
  2. The Constitution expressly bars varying the conditions of service to the officer's disadvantage after appointment only in the case of the Chief Election Commissioner.
  3. Parliament may, by law, regulate the conditions of service and tenure of office of the other Election Commissioners.
  • A. 1 only
  • B. 1, 2 and 3
  • C. 1 and 2 only
  • D. 2 and 3 only