UPSC Prelims Practice Questions — SC distances itself from tweaks to Form 6

Q1. With reference to the protection from legal proceedings given to the Chief Election Commissioner (CEC) and Election Commissioners (ECs) under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, consider the following statements: Which of the statements given above is/are correct?

  1. The protection continues to apply to a person after they have ceased to hold the office of CEC or EC.
  2. The protection covers every act done by a CEC or EC during their tenure, whether or not it is connected with their official duty or function.
  3. The protection bars a court from continuing a proceeding already pending, and not only from entertaining a fresh one.
  4. The protection flows from Article 324 of the Constitution, so it cannot be altered by an ordinary Act of Parliament.
  • A. 1 and 2 only
  • B. 1, 3 and 4 only
  • C. 2 and 4 only
  • D. 1 and 3 only

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Chief Election Commissioner cannot be removed from office except in like manner and on the like grounds as a judge of the Supreme Court.
  2. No court can entertain civil or criminal proceedings against a Chief Election Commissioner for words spoken in the discharge of official duty.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. A court declines to proceed with a criminal complaint against a former Election Commissioner. It holds that the act complained of was done in purported discharge of official duty and so attracts Section 16 of the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. Which of the following inferences can validly be drawn from this?

  1. The court has thereby held that the act complained of was lawful.
  2. The same bar would not have been available had the conduct been wholly outside the scope of official duty.
  3. Decisions of the Election Commission as an institution are thereby placed beyond judicial review.
  • A. 2 and 3 only
  • B. 1 and 2 only
  • C. 2 only
  • D. 1 only

Q4. With reference to Article 324 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. It vests the superintendence, direction and control of the preparation of electoral rolls for elections to Parliament and State Legislatures in the Election Commission.
  2. Its scope extends to the elections to the offices of the President and the Vice-President.
  3. It vests in the Election Commission of India the preparation of electoral rolls for elections to panchayats and municipalities.
  • A. 1 only
  • B. 1 and 2 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q5. The power of 'superintendence, direction and control' of elections vested in the Election Commission by Article 324 of the Constitution is best described as:

  • A. Plenary, but operating only in fields that no valid law of Parliament already occupies
  • B. Derived from the RP Act, 1950, and usable only where that Act expressly confers it
  • C. Supervisory, with final control over the rolls resting with the Union Government
  • D. Plenary, and able to override a law made by Parliament on the conduct of elections

Q6. With reference to the revision of electoral rolls in India, consider the following statements: Which of the statements given above is/are correct?

  1. In an intensive revision, Booth Level Officers visit households and distribute enumeration forms to existing electors, and the roll is rebuilt through this enumeration.
  2. In a summary revision, the existing roll is updated through claims and objections filed after a draft roll is published.
  3. In both kinds of revision, a person's eligibility by age is judged with reference to a qualifying date and not the date on which the form is filed.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 1 and 3 only
  • D. 2 and 3 only

Q7. The Representation of the People Act, 1950 was amended to replace the single qualifying date of 1 January with four qualifying dates in a year (1 January, 1 April, 1 July and 1 October). Which of the following are likely consequences of this change?

  1. A citizen who turns eighteen in March can be enrolled with reference to 1 April instead of waiting until the next 1 January.
  2. The minimum age for voting is effectively reduced below eighteen years for those who apply in advance.
  3. A person aged seventeen may apply in advance, with registration done in the quarter in which the person attains eighteen.
  • A. 1 only
  • B. 2 and 3 only
  • C. 1, 2 and 3
  • D. 1 and 3 only

Q8. With reference to the composition and members of the Election Commission of India, consider the following statements: Which of the statements given above is/are correct?

  1. When other Election Commissioners are appointed, the Chief Election Commissioner acts as the Chairman of the Commission.
  2. The Constitution fixes the number of Election Commissioners, other than the Chief Election Commissioner, at two.
  3. An Election Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.
  4. The conditions of service of the Chief Election Commissioner cannot be varied to their disadvantage after appointment.
  • A. 1, 2, 3 and 4
  • B. 2 and 4 only
  • C. 1, 3 and 4 only
  • D. 1 and 3 only