UPSC Prelims Practice Questions — ‘Minister on CEC panel sends wrong signal’
Q1. Under the Constitution of India, when Election Commissioners other than the Chief Election Commissioner have been appointed by the President, the Election Commission is presided over by which one of the following?
- A. The senior-most Election Commissioner reckoned by date of appointment
- B. The Chief Election Commissioner
- C. An Election Commissioner nominated by the President for that purpose
- D. The Secretary-General of the Election Commission of India
Q2. Consider the following statements comparing the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 with the legal position preceding it:
1. The 2023 Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
2. Whereas the earlier position placed the salary of the Chief Election Commissioner at par with that of a Judge of the Supreme Court, the 2023 Act places it at par with that of the Cabinet Secretary.
3. Departing from the earlier position, the 2023 Act empowers the Selection Committee that recommends the appointment to also recommend the removal of the Chief Election Commissioner.
Which of the statements given above is/are correct?
- The 2023 Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- Whereas the earlier position placed the salary of the Chief Election Commissioner at par with that of a Judge of the Supreme Court, the 2023 Act places it at par with that of the Cabinet Secretary.
- Departing from the earlier position, the 2023 Act empowers the Selection Committee that recommends the appointment to also recommend the removal of the Chief Election Commissioner.
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1 and 3 only
- D. 1, 2 and 3
Q3. Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Search Committee that prepares the panel of names for consideration by the Selection Committee is headed by which one of the following?
- A. The Cabinet Secretary to the Government of India
- B. The Principal Secretary to the Prime Minister of India
- C. The Union Minister of Law and Justice
- D. The Secretary, Legislative Department, Ministry of Law and Justice
Q4. With reference to the appointment of the Chief Election Commissioner and Election Commissioners, consider the following statements:
1. In 2023, a five-judge Constitution Bench of the Supreme Court directed that the appointment be made by the President on the recommendation of a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India, this arrangement to hold good until Parliament made a law.
2. Under the Act of 2023, where there is no recognised Leader of Opposition in the Lok Sabha, the leader of the single largest party in opposition in that House is a member of the Selection Committee.
3. Under the Act of 2023, a person who has held office as the Chief Election Commissioner is eligible for re-appointment for one further term.
4. Under the Act of 2023, the Chief Election Commissioner and other Election Commissioners hold office for a term of six years from the date of assuming charge, no upper age limit being prescribed.
Which of the statements given above is/are NOT correct?
- In 2023, a five-judge Constitution Bench of the Supreme Court directed that the appointment be made by the President on the recommendation of a committee consisting of the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India, this arrangement to hold good until Parliament made a law.
- Under the Act of 2023, where there is no recognised Leader of Opposition in the Lok Sabha, the leader of the single largest party in opposition in that House is a member of the Selection Committee.
- Under the Act of 2023, a person who has held office as the Chief Election Commissioner is eligible for re-appointment for one further term.
- Under the Act of 2023, the Chief Election Commissioner and other Election Commissioners hold office for a term of six years from the date of assuming charge, no upper age limit being prescribed.
- A. 1 and 3
- B. 3 and 4
- C. 2 and 4
- D. 1, 2 and 4
Q5. With reference to the Supreme Court's order of September 2026 on the petitions challenging the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, consider the following statements:
1. Justice Satish Chandra Sharma concurred with Justice Dipankar Datta's observations on the selection process but held that the petitions deserved to be dismissed at the threshold.
2. The two-judge Bench returned a split verdict on whether the challenge to the 2023 Act should be referred to a larger bench.
3. In view of the difference of opinion, the Bench itself proceeded to strike down the provision substituting a Union Cabinet Minister for the Chief Justice of India on the Selection Committee.
4. Justice Dipankar Datta declined the Union Government's request for a reference to a larger bench and prima facie found that the 2023 Act did not appear to ensure an independent process of selection.
Which of the statements given above is/are NOT correct?
- Justice Satish Chandra Sharma concurred with Justice Dipankar Datta's observations on the selection process but held that the petitions deserved to be dismissed at the threshold.
- The two-judge Bench returned a split verdict on whether the challenge to the 2023 Act should be referred to a larger bench.
- In view of the difference of opinion, the Bench itself proceeded to strike down the provision substituting a Union Cabinet Minister for the Chief Justice of India on the Selection Committee.
- Justice Dipankar Datta declined the Union Government's request for a reference to a larger bench and prima facie found that the 2023 Act did not appear to ensure an independent process of selection.
- A. 1 and 3
- B. 2 and 4
- C. 1, 2 and 3
- D. 3 and 4
Q6. When the two judges hearing the challenge to the 2023 appointments law differed on whether the matter involved a substantial question of law requiring a larger bench, the order directed that the matter be placed before which one of the following for a decision on constituting such a bench?
- A. The Department of Legal Affairs in the Union Ministry of Law and Justice
- B. The Chief Justice of India
- C. The Attorney General for India, as the Government's principal law officer
- D. The Registrar (Judicial) of the Supreme Court of India
Q7. Of the following features — supremacy of the Constitution, secularism, judicial review, separation of powers and the right to property — how many have been recognised by the Supreme Court as forming part of the basic structure of the Constitution?
- A. Two
- B. Three
- C. Four
- D. All five
Q8. The basic structure doctrine operates as a judicially evolved limitation upon Parliament's power exercised under which one of the following provisions of the Constitution?
- A. Article 13(2), which bars the State from making laws abridging fundamental rights
- B. Article 245, which extends Parliament's legislative power to the whole of India
- C. Article 246, which distributes legislative subjects between the Union and the States
- D. Article 368, which deals with the power of Parliament to amend the Constitution
Q9. Article 145(3) fixes the minimum strength of five Judges not only for deciding a case involving a substantial question of law as to the interpretation of the Constitution, but also for hearing a reference made under which one of the following Articles?
- A. Article 137, which enables the Supreme Court to review its own judgments and orders
- B. Article 141, which makes the law declared by the Supreme Court binding on all courts
- C. Article 143, which enables the President to seek the Supreme Court's opinion
- D. Article 132, which provides an appeal to the Supreme Court in constitutional matters
Q10. The Constitution provides that the total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed what proportion of the total number of members of the House of the People?
- A. Twelve per cent
- B. Fifteen per cent
- C. Ten per cent
- D. Twenty per cent
Q11. An Election Commissioner other than the Chief Election Commissioner can be removed from office only on the recommendation of which one of the following?
- A. The Selection Committee that recommended the appointment, chaired by the Prime Minister
- B. The Union Council of Ministers, which is collectively responsible to the House of the People
- C. The Chief Justice of India, acting on a reference made by the President of India
- D. The Chief Election Commissioner
Q12. Besides the Prime Minister, the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha and an eminent jurist, the Selection Committee that recommends appointments to the office of Chairperson of the Lokpal includes which one of the following?
- A. The Chief Justice of India, or a Judge of the Supreme Court nominated by the Chief Justice of India
- B. The Vice-President of India, who is the ex officio Chairman of the Council of States
- C. The Union Minister of Home Affairs, who is in charge of internal security
- D. The Comptroller and Auditor-General of India, who audits the accounts of the Union