UPSC Prelims Practice Questions — Recall split verdict in CEC appointment case: petition
Q1. With reference to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) in India, consider the following statements: Which of the statements given above is/are correct?
- The selection committee framed by the Supreme Court in the Anoop Baranwal case was designed to operate only until Parliament enacted a law on the subject.
- The Constitution itself specifies the composition of the body that recommends names for appointment as CEC and ECs.
- The Leader of Opposition in the Lok Sabha is a member of the selection panel under the 2023 Act, just as under the Anoop Baranwal arrangement.
- A. 1 and 3 only
- B. 1 and 2 only
- C. 1, 2 and 3
- D. 2 and 3 only
Q2. Consider the following statements: Which of the following is correct in respect of the above statements?
- The Election Commissioners other than the Chief Election Commissioner enjoy weaker security of tenure than the Chief Election Commissioner.
- The Election Commissioners are appointed on the recommendation of the Selection Committee, whereas the Chief Election Commissioner is appointed by the President without any such recommendation.
- 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. With reference to the curative petition before the Supreme Court of India, consider the following statements: Which of the statements given above is/are correct?
- A plea that a judge who decided the case was biased is among the grounds on which such a petition may be entertained.
- It is a remedy devised by the Supreme Court through its own judgment rather than one created by an express provision of the Constitution.
- It ordinarily becomes available only after a review petition against the final judgment has been dismissed.
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1, 2 and 3
- D. 1 and 3 only
Q4. With reference to the functioning of benches of the Supreme Court of India, consider the following statements: Which of the statements given above are correct?
- When the two judges of a Division Bench differ, the opinion of the presiding judge prevails as the judgment of the Court.
- The Chief Justice of India decides whether a matter is to be placed before a larger bench such as a Constitution Bench.
- A difference of opinion between the two judges of a Division Bench results in dismissal of the petitions, since there is no majority to grant relief.
- A Constitution Bench is not a permanent body and is dissolved once the question referred to it is settled.
- A. 2, 3 and 4 only
- B. 2 and 4 only
- C. 1, 2 and 4 only
- D. 1 and 3 only
Q5. With reference to the constitutional safeguards for members of the Election Commission of India, consider the following statements: Which of the statements given above is/are correct?
- If the requirement of the CEC's recommendation for removing an Election Commissioner were deleted from the Constitution, the Election Commissioners would gain the same protection of tenure as the CEC.
- The 2023 Act, while changing the process of selecting the CEC and ECs, also altered the constitutional procedure for removing the CEC.
- A. 1 only
- B. 2 only
- C. Both 1 and 2
- D. Neither 1 nor 2