UPSC Prelims Practice Questions — Bid to restrain functioning of CEC is against law: ECI to SC

Q1. With reference to the removal of the Chief Election Commissioner (CEC) of India, consider the following statements: Which of the statements given above is/are correct?

  1. The President may remove the CEC on the advice of the Union Council of Ministers once an inquiry establishes misbehaviour.
  2. The CEC can be removed only on the ground of proved misbehaviour or incapacity, through an address by each House of Parliament presented to the President.
  3. An address passed by the Lok Sabha alone is enough to remove the CEC, because the Council of Ministers is responsible to that House.
  • A. 1 and 3 only
  • B. 2 and 3 only
  • C. 2 only
  • D. 1 and 2 only

Q2. With reference to Article 324 of the Constitution of India, consider the following statements: Which of the statements given above are correct?

  1. It vests in the Election Commission of India the superintendence, direction and control of elections to Panchayats and Municipalities.
  2. When requested by the Election Commission, the President or the Governor of a State must make available to it the staff it needs to discharge its functions.
  3. The superintendence it vests covers elections to the offices of President and Vice-President as well as the preparation of electoral rolls.
  4. Before a general election, the President may appoint Regional Commissioners, after consulting the Election Commission, to assist it.
  • A. 1 and 2 only
  • B. 2, 3 and 4 only
  • C. 1, 3 and 4 only
  • D. 1, 2, 3 and 4

Q3. Consider the following facts about the Election Commission of India: I. The CEC can be removed only in like manner and on like grounds as a Supreme Court judge, while any other Election Commissioner can be removed only on the CEC's recommendation. II. The Commission decides matters by consensus where possible, and where members differ, the majority view prevails. III. In its October 2026 affidavit, the ECI stated that files go to one Election Commissioner, then to the other, and finally to the CEC. Which of the following inferences can be drawn from the above facts?

  1. A decision of the Commission can stand even if the CEC dissents from it.
  2. Because files reach the CEC last, the CEC can veto a decision agreed to by the two Election Commissioners.
  3. An Election Commissioner who differs with the CEC enjoys weaker protection of tenure than the CEC does.
  • A. 1, 2 and 3
  • B. 2 and 3 only
  • C. 1 only
  • D. 1 and 3 only

Q4. With reference to the legal basis of the Election Commission of India's argument in the Supreme Court (October 2026) that the CEC cannot be restrained from functioning, consider the following statements: Which of the statements given above is/are correct?

  1. The removal safeguard the ECI relies on flows from a proviso to Article 324(5), which the 2023 Act retains rather than creates.
  2. Because the 2023 Act repealed the 1991 Act, the CEC's protection against removal can now be diluted by an ordinary amendment to the 2023 Act.
  • A. 1 only
  • B. 2 only
  • C. Both 1 and 2
  • D. Neither 1 nor 2