UPSC Prelims Practice Questions — What does the law say about CEC’s removal?

Question 1

The constitutional guarantee that the Chief Election Commissioner shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court is contained in which one of the following?

Accepted Answer

Article 324(5) of the Constitution

Answer

Article 324(2) of the Constitution

Answer

Article 124(4) of the Constitution

Answer

Article 156(1) of the Constitution

Question 2

Once both Houses of Parliament have adopted, in the same session, a motion for removing the Chief Election Commissioner, the removal takes effect through an order of which one of the following?

Accepted Answer

The President of India

Answer

The Lok Sabha Speaker and Rajya Sabha Chairman jointly

Answer

The Chief Justice of India on the inquiry report

Answer

The Union Cabinet on the Law Minister's advice

Question 3

In a 1995 judgment, the Supreme Court held that Election Commissioners function at 'parity' with the Chief Election Commissioner. In this context, 'parity' is best understood as:

Accepted Answer

Equal standing in the Commission's functioning, though the CEC alone has judge-like removal protection

Answer

Identical security of tenure in all respects, so ECs too can be removed only by parliamentary motion

Answer

The CEC's power to overrule every Election Commissioner on all matters before the Commission

Answer

Election Commissioners being removable exclusively by the President without any recommendation

Question 4

Under the constitutional scheme, the removal of an Election Commissioner from office can take place only on the recommendation of which one of the following?

Accepted Answer

The Chief Election Commissioner

Answer

The Selection Committee headed by the Prime Minister

Answer

The Speaker of the Lok Sabha after an inquiry

Answer

The Union Law Minister heading the Search Committee

Question 5

Under the Judges (Inquiry) Act, 1968, when notices of a removal motion are given in both Houses on the same day and admitted in both, the inquiry committee is constituted by:

Accepted Answer

The Lok Sabha Speaker and Rajya Sabha Chairman jointly

Answer

The Chief Justice of India acting on his own

Answer

The President on the advice of the Law Ministry

Answer

The Rajya Sabha Chairman acting alone

Question 6

The requirement that a notice of motion for removal be signed by at least 100 Lok Sabha members or at least 50 Rajya Sabha members is prescribed by which one of the following?

Accepted Answer

The Judges (Inquiry) Act, 1968

Answer

Article 124(4) of the Constitution

Answer

The CEC and Other ECs Act, 2023

Answer

Article 324(5) of the Constitution

Question 7

In Anoop Baranwal v. Union of India (2023), the interim committee on whose advice the President was to appoint the CEC and Election Commissioners, until Parliament made a law, comprised:

Accepted Answer

PM, Leader of Opposition in Lok Sabha and the Chief Justice of India

Answer

PM, Leader of Opposition in Lok Sabha and a Union Cabinet Minister

Answer

PM, Chief Justice of India and the Speaker of the Lok Sabha

Answer

PM, Leader of Opposition in Lok Sabha and the Union Law Minister

Question 8

While deciding on appointments to the Election Commission in 2023, the Supreme Court noted the asymmetry between the removal protection of the CEC and that of the Election Commissioners. Which institution did it leave to address this asymmetry?

Accepted Answer

Parliament

Answer

The Election Commission of India itself

Answer

The Union Ministry of Law and Justice

Answer

The President in consultation with the CJI

Question 9

Consider the following with reference to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, as enacted:
1. The Search Committee that prepares a panel of five names is headed by the Cabinet Secretary.
2. The CEC and ECs hold office for six years or until the age of 65, whichever is earlier.
3. The Selection Committee includes the Chief Justice of India.
4. It repealed the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
Which of the above is/are NOT correct?

Accepted Answer

1 and 3 only

Answer

2 and 4 only

Answer

1, 3 and 4

Answer

3 only

Question 10

Consider the following statements comparing the 2023 Act on the CEC and ECs with the arrangements it replaced:
1. Both under the repealed 1991 Act and under the 2023 Act as enacted, the salary of the CEC and ECs is equal to that of a Supreme Court judge.
2. The 2023 Act prescribes that the CEC and ECs be chosen from persons who hold or have held a post equivalent to Secretary to the Government of India.
3. The 2023 Act raised the removal protection of Election Commissioners to match that of the CEC.
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 11

According to the September 2026 report that prompted Opposition parties to seek the removal of CEC Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections:

Accepted Answer

At least 14 times over the past 10 months

Answer

At least 10 times over the past 14 months

Answer

At least 14 times over the past 12 months

Answer

At least 63 times over the past 10 months

Question 12

Unlike the Chief Election Commissioner, whose removal requires a special-majority motion in Parliament, a Governor holds office during the pleasure of the President. In effect, the authority that removes a Governor is:

Accepted Answer

The Union Council of Ministers, as the President acts on its aid and advice

Answer

Parliament, by a special majority motion as for a Supreme Court judge

Answer

The President, but only after an inquiry by the Supreme Court

Answer

The State Legislature, by a resolution passed by a special majority

UPSC Prelims Practice Questions — What does the law say about CEC’s removal?

Q1. The constitutional guarantee that the Chief Election Commissioner shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court is contained in which one of the following?

Q2. Once both Houses of Parliament have adopted, in the same session, a motion for removing the Chief Election Commissioner, the removal takes effect through an order of which one of the following?

Q3. In a 1995 judgment, the Supreme Court held that Election Commissioners function at 'parity' with the Chief Election Commissioner. In this context, 'parity' is best understood as:

Q4. Under the constitutional scheme, the removal of an Election Commissioner from office can take place only on the recommendation of which one of the following?

Q5. Under the Judges (Inquiry) Act, 1968, when notices of a removal motion are given in both Houses on the same day and admitted in both, the inquiry committee is constituted by:

Q6. The requirement that a notice of motion for removal be signed by at least 100 Lok Sabha members or at least 50 Rajya Sabha members is prescribed by which one of the following?

Q7. In Anoop Baranwal v. Union of India (2023), the interim committee on whose advice the President was to appoint the CEC and Election Commissioners, until Parliament made a law, comprised:

Q8. While deciding on appointments to the Election Commission in 2023, the Supreme Court noted the asymmetry between the removal protection of the CEC and that of the Election Commissioners. Which institution did it leave to address this asymmetry?

Q11. According to the September 2026 report that prompted Opposition parties to seek the removal of CEC Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections:

Q12. Unlike the Chief Election Commissioner, whose removal requires a special-majority motion in Parliament, a Governor holds office during the pleasure of the President. In effect, the authority that removes a Governor is: