UPSC Prelims Practice Questions — Plea in SC questions judge’s failure to disclose his son’s role as EC’s counsel

Q1. With reference to the constitutional safeguards for members of the Election Commission of India, consider the following statements: Which of the statements given above is/are correct?

  1. The Chief Election Commissioner can be removed only in like manner and on the like grounds as a Judge of the Supreme Court.
  2. The guarantee that conditions of service shall not be varied to the holder's disadvantage after appointment is extended by Article 324 to every Election Commissioner.
  3. An Election Commissioner other than the Chief Election Commissioner cannot be removed except on the recommendation of the Chief Election Commissioner.
  • A. 1 and 3 only
  • B. 1 and 2 only
  • C. 1 only
  • D. 2 and 3 only

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

  1. Under the law enacted in 2023 for appointing the Chief Election Commissioner and Election Commissioners, members drawn from the Union Government's side can form a majority of the Selection Committee.
  2. The 2023 law replaced the Chief Justice of India on the selection committee with a Union Cabinet Minister nominated by the Prime Minister.
  • 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. The superintendence, direction and control of elections to Panchayats and Municipalities is vested in State Election Commissions and not in the Election Commission of India.
  2. Article 324 confines the superintendence of the Election Commission of India to elections to Parliament and to the State Legislatures.
  • 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 the constitutional design of election management bodies in India, consider the following statements: Which of the statements given above is/are correct?

  1. The Constitution itself fixes the number of Election Commissioners who serve alongside the Chief Election Commissioner.
  2. When other Election Commissioners are appointed, the Chief Election Commissioner acts as the Chairman of the Election Commission.
  3. A State Election Commissioner has removal protection equivalent to that of a High Court Judge rather than that of a Supreme Court Judge.
  • A. 1 and 2 only
  • B. 1, 2 and 3
  • C. 3 only
  • D. 2 and 3 only

Q5. With reference to Benches of five or more judges in the Supreme Court of India, consider the following statements: Which of the statements given above is/are NOT correct?

  1. A case involving a substantial question of law as to the interpretation of the Constitution must be decided by at least five judges.
  2. A Bench of five or more judges can come into being only when a smaller Bench of the Court refers a question to it.
  3. Where a smaller Bench hearing an appeal refers such a constitutional question, it disposes of the appeal in conformity with the opinion it receives.
  • A. 1 and 3 only
  • B. 1, 2 and 3
  • C. 2 only
  • D. 2 and 3 only

Q6. A Supreme Court judge hears a case to which a public body is a party, while a close family member of the judge is that body's standing counsel. A litigant objects to the judge's participation, invoking the rule that no one shall be a judge in their own cause. By which test is such an objection ordinarily judged?

  • A. Whether the family member personally argued that very case before the judge
  • B. Whether a reasonable observer would apprehend a real likelihood of bias
  • C. Whether the judge sincerely believes that impartiality was maintained
  • D. Whether the litigant proves that the judge's opinion was actually influenced

Q7. Consider the following assertion: A judge's failure to disclose that a family member is standing counsel for a party can be questioned even when the judge's opinion did not decide the merits of the case. Which of the statements given below support/supports the above assertion?

  1. Disclosure is what allows the parties to object to, or waive, a judge's participation, so non-disclosure deprives them of that choice.
  2. An apprehension of bias attaches to a judge's participation at every stage of the proceedings and not only to the final decision on merits.
  3. The opinion now sought to be recalled had decided the constitutional validity of the 2023 Act on its merits.
  • A. 1 and 2 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q8. Consider the following facts: (i) A two-judge Bench of the Supreme Court split on whether a challenge to the 2023 law on appointing Election Commissioners should be referred to a five-judge Bench. (ii) Both judges then passed a common order asking the Chief Justice of India to allocate the case to a Constitution Bench. (iii) When an application seeking recall of one judge's opinion was mentioned before the presiding judge of that Bench, he asked that it be mentioned before the Chief Justice of India. Which of the following inferences can be drawn from the above?

  1. The power to decide which Bench will hear the matter rests with the Chief Justice of India and not with the Division Bench itself.
  2. The split meant that the 2023 law stood upheld by default, since no majority had found it invalid.
  3. If the recall application succeeds, the 2023 law would stand invalidated as a consequence.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1 only