UPSC Prelims Practice Questions — Centre defends CEC panel without CJI

Q1. The Supreme Court verdict of March 2023 that prescribed an interim Committee-based mechanism for appointing the Chief Election Commissioner is known by the name of which one of the following lead petitioners?

  • A. Jaya Thakur, in a petition instituted before the Supreme Court of India
  • B. Anoop Baranwal, in a petition instituted before the Supreme Court of India
  • C. S. N. Shukla, in a petition instituted before the Supreme Court of India
  • D. Lok Prahari, in a petition instituted before the Supreme Court of India

Q2. In its March 2023 verdict the Supreme Court held that the mechanism it had prescribed would hold good only until Parliament made a law under which one of the following provisions of the Constitution?

  • A. Article 324(1), which vests superintendence, direction and control of elections in the Commission
  • B. Article 324(2), which makes appointment by the President subject to a law made by Parliament
  • C. Article 324(5), which deals with conditions of service and tenure of office of the Commissioners
  • D. Article 327, which empowers Parliament to make provision with respect to elections to legislatures

Q3. Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Search Committee is required to prepare a panel of how many persons for the consideration of the Selection Committee?

  • A. Three persons, and the Selection Committee must choose only from this panel
  • B. Five persons, and the Selection Committee may also consider persons outside this panel
  • C. Seven persons, and the Selection Committee must choose only from this panel
  • D. Ten persons, and the Selection Committee may also consider persons outside this panel

Q4. With reference to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, consider the following statements: 1. The Act repealed the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. 2. The Search Committee under the Act is headed by the Cabinet Secretary. 3. Persons who are, or have been, Secretary or equivalent to the Government of India are eligible for appointment as Chief Election Commissioner or Election Commissioner. 4. The Chief Election Commissioner and other Election Commissioners hold office for six years or till the age of sixty-five years, whichever is earlier, and are eligible for re-appointment for one further term. Which of the statements given above is/are NOT correct?

  1. The Act repealed the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  2. The Search Committee under the Act is headed by the Cabinet Secretary.
  3. Persons who are, or have been, Secretary or equivalent to the Government of India are eligible for appointment as Chief Election Commissioner or Election Commissioner.
  4. The Chief Election Commissioner and other Election Commissioners hold office for six years or till the age of sixty-five years, whichever is earlier, and are eligible for re-appointment for one further term.
  • A. 1 and 3
  • B. 2 and 4
  • C. 2, 3 and 4
  • D. 4 only

Q5. Under Article 324(2) of the Constitution, the number of Election Commissioners other than the Chief Election Commissioner is determined by which one of the following?

  • A. The President, who may fix such number from time to time
  • B. Parliament, by a law made for this purpose from time to time
  • C. The Selection Committee chaired by the Prime Minister, by resolution
  • D. The Chief Election Commissioner, in consultation with the Union Cabinet

Q6. Which one of the following is the arm of the Union Government to which the administration of election law, including the Representation of the People Acts of 1950 and 1951, and establishment matters of Group 'A' officers of the Election Commission are allocated?

  • A. The Department of Legal Affairs in the Ministry of Law and Justice
  • B. The Legislative Department in the Ministry of Law and Justice
  • C. The Department of Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions
  • D. The Ministry of Parliamentary Affairs, through its Legislation Wing

Q7. With reference to the proceedings before the Supreme Court in 2026 on the constitutional validity of the CEC and Other Election Commissioners Act, 2023, consider the following statements: 1. The petitions are being heard by a Division Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma. 2. The Bench has observed that free and fair elections form part of the basic structure and that the Election Commission must not only be independent but also appear to be independent. 3. The Supreme Court has stayed the operation of the 2023 Act, so that appointments continue to be governed by the interim mechanism of the March 2023 verdict. 4. The Union Government has argued that the directions in the March 2023 verdict constitute binding law which Parliament was not competent to displace by statute. Which of the statements given above is/are NOT correct?

  1. The petitions are being heard by a Division Bench of Justice Dipankar Datta and Justice Satish Chandra Sharma.
  2. The Bench has observed that free and fair elections form part of the basic structure and that the Election Commission must not only be independent but also appear to be independent.
  3. The Supreme Court has stayed the operation of the 2023 Act, so that appointments continue to be governed by the interim mechanism of the March 2023 verdict.
  4. The Union Government has argued that the directions in the March 2023 verdict constitute binding law which Parliament was not competent to displace by statute.
  • A. 1 and 2
  • B. 3 only
  • C. 3 and 4
  • D. 2, 3 and 4

Q8. Who was the first Chief Election Commissioner to be appointed through the Selection Committee mechanism created by the 2023 Act now under challenge before the Supreme Court?

  • A. Sunil Arora, who demitted office on completing his tenure in the Commission
  • B. Sushil Chandra, who demitted office on completing his tenure in the Commission
  • C. Rajiv Kumar, who demitted office on completing his tenure in the Commission
  • D. Gyanesh Kumar, who assumed office in February 2025 in the Commission

Q9. The Selection Committee whose recommendations the President must obtain before appointing the Chairperson and Members of the Lokpal is constituted under which one of the following provisions?

  • A. Section 4(1) of the Lokpal and Lokayuktas Act, 2013
  • B. Section 4(1) of the Central Vigilance Commission Act, 2003
  • C. Section 4A(1) of the Delhi Special Police Establishment Act, 1946
  • D. Section 7 of the CEC and Other Election Commissioners Act, 2023

Q10. An Election Commissioner other than the Chief Election Commissioner cannot be removed from office except on the recommendation of which one of the following?

  • A. The Chief Election Commissioner, under the second proviso to Article 324(5)
  • B. The Chief Justice of India, under the second proviso to Article 324(5)
  • C. The Selection Committee constituted under the CEC and Other ECs Act, 2023
  • D. Both Houses of Parliament, by a special majority in each House

Q11. The question of referring the challenge to the 2023 appointments law to a Bench of at least five Judges, on the ground that it raises a substantial question of law as to the interpretation of the Constitution, arises under which one of the following provisions?

  • A. Article 131, on the original jurisdiction of the Supreme Court in federal disputes
  • B. Article 137, on the power of the Supreme Court to review its own judgments
  • C. Article 143(1), on references made to the Supreme Court by the President
  • D. Article 145(3), on the minimum number of Judges for deciding such questions