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?

  1. 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.
  2. The Constitution itself specifies the composition of the body that recommends names for appointment as CEC and ECs.
  3. 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?

  1. The Election Commissioners other than the Chief Election Commissioner enjoy weaker security of tenure than the Chief Election Commissioner.
  2. 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?

  1. A plea that a judge who decided the case was biased is among the grounds on which such a petition may be entertained.
  2. It is a remedy devised by the Supreme Court through its own judgment rather than one created by an express provision of the Constitution.
  3. 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?

  1. When the two judges of a Division Bench differ, the opinion of the presiding judge prevails as the judgment of the Court.
  2. The Chief Justice of India decides whether a matter is to be placed before a larger bench such as a Constitution Bench.
  3. 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.
  4. 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?

  1. 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.
  2. 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