UPSC Prelims Practice Questions — A legislative tangle in Maharashtra

Q1. The exception that formerly protected a group of legislators forming a 'split' (originally Paragraph 3 of the Tenth Schedule) from disqualification was omitted by which one of the following?

  • A. The Constitution (Fifty-second Amendment) Act, 1985
  • B. The Constitution (Ninety-first Amendment) Act, 2003
  • C. The Constitution (Sixty-first Amendment) Act, 1989
  • D. The Constitution (Forty-fourth Amendment) Act, 1978

Q2. After the 91st Amendment, which is the ONLY surviving exception under the Tenth Schedule by which members of a legislative party can escape disqualification when they abandon their original party?

  • A. A split supported by at least one-third of the members of the legislative party
  • B. A merger supported by at least two-thirds of the members of the legislative party
  • C. Voluntary resignation of the party's whip before the vote
  • D. Prior written permission of the Election Commission of India

Q3. Under the Tenth Schedule, the question whether a member has become subject to disqualification on the ground of defection is, in the first instance, decided by which one of the following?

  • A. The Chairman or the Speaker of the House concerned
  • B. The Election Commission of India in every case
  • C. The Governor acting in his discretion
  • D. The High Court of the State exclusively

Q4. In Keisham Meghachandra Singh v. Speaker, Manipur Legislative Assembly (2020), within what period did the Supreme Court hold that a Speaker should ordinarily decide a disqualification petition, absent exceptional circumstances?

  • A. One month
  • B. Three months
  • C. Six months
  • D. There is no time frame; the Speaker's discretion is unlimited

Q5. In the 2023 Shiv Sena verdict, the Nabam Rebia ruling was referred for reconsideration to a bench of how many judges — the largest bench strength named in that reference?

  • A. A seven-judge bench
  • B. A nine-judge bench
  • C. A five-judge bench
  • D. A three-judge bench

Q6. As per the Election Commission's February 2024 order in the NCP dispute, out of the 81 NCP MLAs in the Maharashtra Assembly, how many filed affidavits supporting the Ajit Pawar faction?

  • A. 41
  • B. 51
  • C. 57
  • D. 28

Q7. The 'test of majority' evolved in Sadiq Ali v. Election Commission of India (1971) for deciding which faction is the 'real' party primarily requires the Commission to ascertain which of the following?

  • A. Majority support within both the organisational wing and the legislative wing of the party
  • B. Majority of the party's vote share in the most recent general election
  • C. Majority only among the party's elected legislators in the House
  • D. Approval of the majority of the party's registered primary members by ballot

Q8. The power of the Election Commission to settle disputes between rival groups each claiming to be the same recognised political party is derived from which one of the following?

  • A. Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968
  • B. Section 29A of the Representation of the People Act, 1951
  • C. Article 324 of the Constitution read alone
  • D. Paragraph 18 of the Election Symbols (Reservation and Allotment) Order, 1968

Q9. Members nominated by the Governor to a State Legislative Council under Article 171(5) must be persons having special knowledge or practical experience in which one of the following sets of fields?

  • A. Literature, science, art, the cooperative movement and social service
  • B. Literature, science, art, sports and journalism
  • C. Law, science, art, administration and social service
  • D. Literature, science, commerce, the cooperative movement and public administration

Q10. In the 2019 Karnataka MLAs case, the Supreme Court clarified that disqualification of a member under the Tenth Schedule has which one of the following effects on that member's future electoral prospects?

  • A. It does not bar the disqualified member from contesting a subsequent by-election
  • B. It permanently bars the member from contesting any election for the remainder of the House's term
  • C. It automatically disqualifies the member from all elections for six years
  • D. It bars the member from contesting until the Speaker grants written clearance