Test: Election Commission


10 Questions MCQ Test Indian Polity for UPSC CSE | Test: Election Commission


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QUESTION: 1

Consider the following statements about the Election Commission of India.

1. Its composition is mentioned in the constitution.

2. It conducts local body elections also.

3. The Chief Election Commissioner does not have more powers than the other Election Commissioners.

Choose the correct answer using the codes below:

Solution:

Statement 1: Article 324 of the Constitution has made the following provisions with regard to the composition of the election commission.

1. The Election Commission shall consist of:

  • The chief election commissioner and

  • Such number of other election commissioners, if any, as the president may from time to time fix.

 

2. The appointment of the chief election commissioner and other election commissioners shall be made by the president.

3. When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission.

Statement 2: Article 324 of the Constitution provides that the power of superintendence, Direction and control of elections to

  • Parliament,

  • State legislatures,

  • The office of president of India and

  • The office of vice-president of India shall be vested in the election commission.

So, the election commission is not concerned with the election bodies. It is the responsibility of the state election commission appointed by the governor.

The power of superintendence, direction and control of all elections to the Local Government/ Municipal Corporation by the State Election Commission.

Statement 3: The Chief Election Commissioner (CEC) presides over the Election Commission, but does not have more powers than the other Election Commissioners. The CEC and the two Election Commissioners have equal powers to take all decisions relating to elections as a collective body.

QUESTION: 2

Consider the following statements with reference to the Election Commission of India.

1. The appointment of the chief election commissioner and other election commissioners is made by the Union Minister of Parliamentary Affairs.

2. The conditions of service and tenure of office of the election commissioners and the regional commissioners are determined by the Chief Election Commissioner.

3. In case of difference of opinion amongst the Chief Election Commissioner (CEC) and other election commissioners, the view of the CEC prevails.

4. Any election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the CEC.

Select the correct answer using the codes below.

Solution: Statement 1: They are appointed by the President.

Statement 2: The condition of service is also determined by the President of India. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.

Statement 3: The CEC and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites. In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.

Statement 4: The chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. Others can be removed only when he/she recommends.

QUESTION: 3

Article 324 of the Constitution has made which of the following provisions to safeguard and ensure the independent and impartial functioning of the Election Commission?

1. The election commissioners are provided with the security of tenure because their term is fixed as provided in the constitution.

2. The Constitution has prescribed the qualifications for appointment to the office of the Election Commission.

Which of the above is/are correct?

Solution:

Only the chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, Chief Election Commissioner can be removed from his office by Parliament with special majority in Lok Sabha and Rajya Sabha on the grounds of proved misbehaviour or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws with respect to the members of the EC can be noted, viz.,

1. The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.

2. The Constitution has not specified the term of the members of the Election Commission (the term of the Chief EC has been prescribed though).

3. The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

Election Commission of IndiaNominatorGovernment of IndiaAppointerPresident of IndiaTerm length6 years or up to 65 years of age (whichever is earlier)

QUESTION: 4

Consider the following statements about the Election Commission of India (ECI).

1. The ECI is the only authority that can grant National Party or State Party status to a political party in India.

2. Election Symbols (Reservation and Allotment) Order is issued by the ECI and can be modified by it.

Which of the above is/are correct?

Solution: In August 2016, the ECI had brought changes in Paragraph 6C of the Election Symbols (Reservation and Allotment) Order 1968 to review the status of political parties every 10 years, instead of the present norm of five years.
  • For instance, the status of a party (either national or state party) that did not perform up to the required criteria in the 2014 election will be reviewed in 2024.

Learning: Recognition as a national or a State party ensures that the election symbol of that party is not used by any other political entity in polls across India.

  • Other registered but unrecognised political parties have to choose from a pool of ‘free symbols’ announced by the commission from time to time.

  • Besides, these parties get land or buildings from the government to set up their party offices. They can have up to 40 ‘star campaigners’ during electioneering. Others can have up to 20 ‘star campaigners’.

QUESTION: 5

When on election duty, government officers work under the control of

Solution: They work under the control of the Election Commission of India (or State Election Commission as the case may be). Hence, option (d).

Learning: It is very common for the Election Commission to reprimand the government and administration for their lapses. This is because of the independence vested in the commission and the election officials. When election officials come to the opinion that polling was not fair in some booths or even an entire constituency, they order a repoll. The ruling parties generally comply with the orders of the ECI.

QUESTION: 6

Which of the following powers can be wielded by the Election Commission of India?

1. The Commission can suppress the results of opinion polls if it deems such an action fit for the cause of democracy.

2. The Commission can advise for disqualification of members after the elections if it thinks they have violated certain guidelines.

3. The Commission can suspend candidates who fail to submit their election expense accounts timely.

Select the correct answer using the codes below,

Solution:

In case, a candidate is found guilty of corrupt practices during the elections, the Supreme Court and High Courts consult the Commission.

It can also cancel the polls in event of rigging, booth capture, etc.

Also, the main functions of the ECI are as follows:

  • The Election Commission of India is considered the custodian of free and fair elections.

  • It issues the Model Code of Conduct in every election for political parties and candidates so that the dignity of democracy is maintained.

  • It regulates political parties and registers them for being eligible to contest elections.

  • It publishes the allowed limits of campaign expenditure per candidate to all the political parties, and also monitors the same.

  • The political parties must submit their annual reports to the ECI for getting tax benefit on contributions.

  • It ensures that all the political parties regularly submit their audited financial reports.

Some of the powers wielded by the ECI are as follows:

  • The Commission can suppress the results of opinion polls if it deems such an action fit for the cause of democracy.
  • The Commission can advise for disqualification of members after the elections if it thinks they have violated certain guidelines.
  • In case, a candidate is found guilty of corrupt practices during the elections, the Supreme Court and High Courts consult the Commission.
  • The Commission can suspend candidates who fail to submit their election expense accounts timely.
QUESTION: 7

Which of the following functions are NOT performed by the Election Commission of India?

1. Determining the territorial areas of the electoral constituencies.

2. Advising the president on matters relating to the disqualifications of the members of Parliament.

3. To cancel polls in the event of Violence at election booths.

Choose the correct answer using the codes below.

Solution: To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament.

The powers related to elections are

  • To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them.

  • To appoint officers for Enquiring into disputes relating to electoral arrangements. To determine the code of conduct to be observed by the parties and the candidates at the time of elections.

  • To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections.

  • To advise the president on matters relating to the ' disqualifications of the members of Parliament.

  • To advise the governor on matters relating to the disqualifications of the members of the state legislature.

  • To request the president or the governor for requisitioning the staff necessary for conducting elections.

  • To supervise the machinery of elections throughout the country to ensure free and fair elections.

  • To advise the president whether elections can be held in a state under president’s rule in order to extend the period of emergency after one year.

QUESTION: 8

Which of the following is/are among the functions of the Election Commission of India?

1. Conduct of election for the posts of the Speaker and the Deputy Speaker, Lok Sabha and the Deputy Chairman, Rajya Sabha.

2. Conduct of election to the Corporations and Municipalities.

3. Deciding on all doubts and disputes arising out of the elections.

Select the correct answer from the codes given below.

Solution: The SC or the HC decides on election disputes.

Elections to local bodies are conducted by the State Election Commission.

QUESTION: 9

Law Commission of India in its 255th report on electoral reforms recently submitted to the Government of India has pitched for a stronger Election Commission of India (ECI). Its recommendations include

1. Equal Constitutional protection to all members of ECI in removability from Office.

2. Appointment of the Election Commissioners by a three member Selection panel instead of the present system of appointment by President.

3. The elevation of an EC should be on the basis of seniority.

Choose the correct answer using the codes below.

Solution: Recommendations of 255th Report of Law Commission with respect to ECI

1. Appointments of Chief Election Commissioners (CEC) and all Election Commissioners (ECs) - It should be made by the President in consultation with a three-member collegium or selection committee.

2. The collegium or committee shall consist of the Prime Minister, the Leader of the Opposition of the Lok Sabha (or the leader of the largest opposition party in the Lok Sabha) and the Chief Justice of India (CJI).

3. Seniority based elevation - The elevation of an EC should be on the basis of seniority. If senior EC is not appointed due to unfit reasons, the three member collegium or a committee give reasons in writing.

4. Equal constitutional protection to all members of the ECI - Equal constitutional protection must be given to all members of the ECI in matters of removability from office.

5. In this regard, Article 324(5) of the Constitution should be amended.

QUESTION: 10

The Chief Electoral Officer (CEO) supervises the election work in a State. He is appointed by the

Solution: The Election Commission of India nominates or designates an Officer of the Government of the State/Union Territory as the Chief Electoral Officer in consultation with that State Government/Union Territory Administration.

As per the Representation of the People Act 1950 and the Representation of the People Act 1951, the Chief Electoral Officer of a State/Union Territory is authorised to supervise the election work in the State/Union Territory subject to the overall superintendence, direction and control of the Election Commission.

The Election Commission of India also nominates or designates an Officer of the State Government as the District Election Officer in consultation with the State Government.

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