Question 1: Which of the following statements is/are correct? (1) Article 324 is the constitutional basis for the establishment of the Election Commission. (2) The Representation of the People Acts, 1950 and 1951 provide the statutory framework for the electoral process. (3) The Indian electoral system is based on both the Constitution and statutory laws.
-
A.
1 and 2 only
-
B.
2 and 3 only
-
C.
1, 2 and 3
✓
-
D.
1 and 3 only
Correct Answer:
C
— 1, 2 and 3
Explanation:Article 324 provides the constitutional basis for the Election Commission, while Articles 325 to 329 contain other constitutional provisions relating to elections. The Representation of the People Acts, 1950 and 1951 constitute the principal statutory framework governing elections. In addition, subordinate legal instruments such as the Conduct of Elections Rules, 1961 and the Election Symbols (Reservation and Allotment) Order, 1968 regulate various aspects of the electoral process. Thus, the Indian electoral system is based on both constitutional and statutory provisions.
Question 2: Which of the following statements is/are correct? (1) Free and fair elections are regarded as a part of the Basic Structure of the Constitution. (2) The independence of the Election Commission is a constitutional mechanism for maintaining the credibility of democratic governance. (3) The Election Commission is a subordinate department of the Executive.
-
A.
1 only
-
B.
2 and 3 only
-
C.
1 and 3 only
-
D.
1 and 2 only
✓
Correct Answer:
D
— 1 and 2 only
Explanation:Free and fair elections are a fundamental element of the democratic system. The Election Commission is an independent constitutional body and not a subordinate department of the Executive.
Question 3: Which of the following statements is/are correct? (1) The purpose of the VVPAT is to enable the voter to verify that his or her vote has been recorded correctly. (2) A voter is entitled to take the VVPAT slip home after casting the vote.
-
A.
1 only
-
B.
1 only; Statement 2 is incorrect.
✓
-
C.
2 only
-
D.
Both 1 and 2
Correct Answer:
B
— 1 only; Statement 2 is incorrect.
Explanation:The VVPAT slip is displayed to the voter for a few seconds through a transparent window and then automatically drops into a sealed compartment. It serves only as a means of verification. The voter is not permitted to take the VVPAT slip home.
Question 4: Which of the following statements is correct?
-
A.
An election petition is filed before the concerned High Court only in accordance with the provisions of the Representation of the People Act, 1951.
✓
-
B.
An election petition is filed before the Election Commission.
-
C.
An election petition can be filed only before the Supreme Court.
-
D.
An election petition is presented before the Governor.
Correct Answer:
A
— An election petition is filed before the concerned High Court only in accordance with the provisions of the Representation of the People Act, 1951.
Explanation:The Representation of the People Act, 1951 prescribes the procedure for the presentation and adjudication of election petitions, which are filed before the concerned High Court.
Question 5: Which of the following statements is/are correct? (1) The Election Commission cannot set aside a judgment of a court. (2) The Election Commission cannot issue directions contrary to a valid law enacted by Parliament. (3) The Election Commission cannot amend the Constitution.
-
A.
1 and 2 only
-
B.
2 and 3 only
-
C.
1, 2 and 3
✓
-
D.
1 and 3 only
Correct Answer:
C
— 1, 2 and 3
Explanation:The Election Commission is an independent constitutional body; however, it cannot substitute the constitutional powers of the judiciary or Parliament. Its powers are exercised only within the limits prescribed by the Constitution and the existing laws.
Question 6: Which of the following statements is/are correct? (1) The Election Symbols (Reservation and Allotment) Order, 1968 is an Act passed by Parliament. (2) The Election Commission may decide disputes relating to election symbols in cases of the split or merger of political parties.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
-
D.
2 only; Statement 1 is incorrect.
✓
Correct Answer:
D
— 2 only; Statement 1 is incorrect.
Explanation:The Election Symbols (Reservation and Allotment) Order, 1968 is not an Act passed by Parliament. It is an order issued by the Election Commission under Article 324 of the Constitution. Under this Order, the Commission decides disputes relating to the recognition of political parties and the allotment or reservation of election symbols, including disputes arising out of splits or mergers of recognised political parties.
Question 7: Which of the following statements is correct?
-
A.
If NOTA secures the highest number of votes, re-election is mandatory.
-
B.
Under the present system, securing the highest number of NOTA votes does not invalidate the election result.
✓
-
C.
NOTA is available only in Presidential elections.
-
D.
NOTA is used only in Rajya Sabha elections.
Correct Answer:
B
— Under the present system, securing the highest number of NOTA votes does not invalidate the election result.
Explanation:In India, NOTA is merely an option to express dissent. Even if it secures the highest number of votes, the candidate obtaining the highest number of valid votes is declared elected.
Question 8: Which of the following statements is/are correct? (1) Under the Tenth Schedule, the decision of the Speaker/Chairman is completely immune from judicial review. (2) In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court accepted the principle of limited judicial review.
-
A.
1 only
-
B.
Both 1 and 2
-
C.
2 only
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— 2 only
Explanation:The decision of the Speaker/Chairman is not final. Judicial review is permissible on grounds such as mala fides, violation of the principles of natural justice, or constitutional infirmity.
Question 9: Which of the following judgments linked the voter's "Right to Know" with Article 19(1)(a)?
-
A.
Association for Democratic Reforms v. Union of India (2002)
✓
-
B.
Kesavananda Bharati v. State of Kerala
-
C.
Indra Sawhney v. Union of India
-
D.
Minerva Mills v. Union of India
Correct Answer:
A
— Association for Democratic Reforms v. Union of India (2002)
Explanation:In this judgment, the Supreme Court held that the voter's right to obtain information regarding the criminal antecedents, educational qualifications, assets, and liabilities of candidates forms part of the freedom of speech and expression under Article 19(1)(a).
Question 10: Which of the following statements is/are correct? (1) The powers of the Election Commission under Article 324 are completely unlimited. (2) The Election Commission functions subject to valid electoral laws enacted by Parliament. (3) Where the law is silent, the Commission may issue necessary directions to ensure free and fair elections.
-
A.
1 and 2 only
-
B.
2 and 3 only
✓
-
C.
1 and 3 only
-
D.
1, 2 and 3
Correct Answer:
B
— 2 and 3 only
Explanation:Article 324 confers wide constitutional powers upon the Election Commission, but these powers are not unlimited. They remain subject to the Constitution and valid laws enacted by Parliament. In Mohinder Singh Gill v. Chief Election Commissioner (1978), the Supreme Court held that where the law is silent, the Commission may issue appropriate directions to ensure free and fair elections. Hence, Statement (1) is incorrect.
Question 11: Which of the following statements is/are correct? (1) Free and fair elections are regarded as an integral part of the democratic system forming part of the Basic Structure of the Constitution. (2) The constitutional independence of the Election Commission is intended to achieve this objective.
-
A.
1 only
-
B.
Both 1 and 2
✓
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
B
— Both 1 and 2
Explanation:The Supreme Court has, in several judgments, recognized free and fair elections as an essential feature of democratic governance and the Basic Structure of the Constitution. The constitutional independence of the Election Commission ensures the effective realization of this objective.
Question 12: Which of the following statements is correct?
-
A.
The Supreme Court has recognized the voter's "Right to Know" as a part of the freedom of speech and expression under Article 19(1)(a).
✓
-
B.
The voter's Right to Know is derived only from the Representation of the People Act, 1950.
-
C.
This right applies only to Presidential elections.
-
D.
The Supreme Court has not recognized any such right.
Correct Answer:
A
— The Supreme Court has recognized the voter's "Right to Know" as a part of the freedom of speech and expression under Article 19(1)(a).
Explanation:In Association for Democratic Reforms v. Union of India (2002) and People’s Union for Civil Liberties v. Union of India (2003), the Supreme Court held that a voter's right to obtain essential information about candidates forms an integral part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. Therefore, information regarding candidates’ criminal antecedents, educational qualifications, assets, and liabilities must be made available to voters.
Question 13: Which of the following statements is/are correct? (1) The President is elected through the system of proportional representation. (2) The election of the President is conducted by the system of the single transferable vote. (3) The value of the votes of the electors is determined in the Presidential election.
-
A.
1 and 2 only
-
B.
2 and 3 only
-
C.
1, 2 and 3
✓
-
D.
1 and 3 only
Correct Answer:
C
— 1, 2 and 3
Explanation:The President is elected by an Electoral College through the system of proportional representation by means of the single transferable vote. In this election, the value of the votes of Members of Parliament and Members of Legislative Assemblies is determined in accordance with the Constitution and the relevant legal provisions.
Question 14: Which of the following statements is/are correct? (1) Under the Representation of the People Act, 1951, not every electoral irregularity amounts to a corrupt practice. (2) In an election petition, every irregularity does not automatically constitute a ground for declaring the election void; in many cases, it is also examined whether the irregularity materially affected the election result.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:The Representation of the People Act, 1951 declares only certain specified acts as corrupt practices. Every electoral irregularity does not amount to a corrupt practice. In an election petition, it is also examined in many cases whether the irregularity materially affected the election result.
Question 15: Under which of the following circumstances may the Election Commission exercise its residuary powers under Article 324?
-
A.
When the law is silent regarding an electoral situation and directions are necessary to ensure free and fair elections.
✓
-
B.
To repeal a law enacted by Parliament.
-
C.
To amend the Constitution.
-
D.
To set aside a judgment of a court.
Correct Answer:
A
— When the law is silent regarding an electoral situation and directions are necessary to ensure free and fair elections.
Explanation:The Supreme Court has clarified that the Commission may issue necessary directions in the absence of law, but it cannot act contrary to the law or the Constitution.
Question 16: Which of the following statements is/are correct? (1) The Election Symbols (Reservation and Allotment) Order, 1968 is not an Act passed by Parliament. (2) The Election Symbols (Reservation and Allotment) Order, 1968 was issued by the Election Commission in exercise of its powers under Article 324 of the Constitution read with the relevant provisions of the Representation of the People Act, 1951 and the Conduct of Elections Rules, 1961.
-
A.
1 only
-
B.
Both 1 and 2
✓
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
B
— Both 1 and 2
Explanation:The Election Symbols (Reservation and Allotment) Order, 1968 is a statutory order issued by the Election Commission. It is not an Act passed by Parliament. The Order regulates the recognition of political parties and the reservation and allotment of election symbols.
Question 17: Which of the following statements is/are correct? (1) If NOTA secures the highest number of votes, the election is automatically declared void. (2) Under the present legal framework in India, NOTA is merely an option for voters to express their dissent.
-
A.
1 only
-
B.
Both 1 and 2
-
C.
2 only
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— 2 only
Explanation:In India, even if NOTA receives the highest number of votes, the election is not declared void. The candidate securing the highest number of valid votes is declared elected.
Question 18: Which of the following statements regarding the Anti-Defection Law is correct?
-
A.
The decision of the Speaker/Chairman is subject to judicial review.
✓
-
B.
The decision of the Speaker cannot be challenged before any court.
-
C.
All disputes relating to defection are decided by the Election Commission.
-
D.
Disputes relating to defection are decided by the President.
Correct Answer:
A
— The decision of the Speaker/Chairman is subject to judicial review.
Explanation:In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court clarified that the decision of the Speaker/Chairman is not final and is subject to judicial review on limited grounds.
Question 19: Which of the following statements is/are correct? (1) Deliberately concealing mandatory information in the affidavit submitted along with the nomination paper by a candidate may constitute a ground for challenging the election. (2) The mandatory disclosure of candidates’ criminal antecedents, educational qualifications, assets, and liabilities was established following the judgments of the Supreme Court.
-
A.
1 only
-
B.
2 only
-
C.
Neither 1 nor 2
-
D.
Both 1 and 2
✓
Correct Answer:
D
— Both 1 and 2
Explanation:Following the judgments in Association for Democratic Reforms v. Union of India (2002) and People's Union for Civil Liberties v. Union of India (2003), candidates are required to disclose their criminal antecedents, educational qualifications, assets and liabilities through an affidavit. Deliberate concealment or furnishing false information may constitute a ground for declaring the election void in an election petition, subject to the provisions of the Representation of the People Act, 1951 and the facts of the particular case.
Question 20: Which of the following statements is/are correct? (1) Under Article 324, the Election Commission may exercise its residuary powers where the Constitution or any law made by Parliament does not make an express provision regarding a particular electoral matter. (2) The Election Commission cannot issue any direction contrary to a valid law enacted by Parliament. (3) Article 324 confers independent legislative power upon the Election Commission.
-
A.
1 and 3 only
-
B.
1 and 2 only
✓
-
C.
2 and 3 only
-
D.
1, 2 and 3
Correct Answer:
B
— 1 and 2 only
Explanation:Article 324 confers wide constitutional powers upon the Election Commission for the superintendence, direction and control of elections. These powers are subject to the Constitution and the laws made by Parliament. Where the law is silent, the Commission may issue appropriate directions to ensure free and fair elections. However, Article 324 does not confer legislative power upon the Election Commission. Therefore, Statement (3) is incorrect.
Question 21: Which of the following statements is the most appropriate?
-
A.
The Election Commission is a department accountable to Parliament.
-
B.
The Election Commission conducts only Lok Sabha elections.
-
C.
The Election Commission is a part of the Judiciary.
-
D.
The Election Commission is an independent constitutional body whose powers are derived from both the Constitution and election laws.
✓
Correct Answer:
D
— The Election Commission is an independent constitutional body whose powers are derived from both the Constitution and election laws.
Explanation:The constitutional basis of the Election Commission is Article 324. Its functioning is further regulated in detail by the Representation of the People Acts, 1950 and 1951, along with other election-related laws.
Question 22: Which of the following statement(s) is/are correct? (1) The Election Commission may issue necessary administrative directions to ensure free and fair elections. (2) This power is based on the broad interpretation of Article 324.
-
A.
Both 1 and 2
✓
-
B.
1 only
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
A
— Both 1 and 2
Explanation:The Supreme Court has consistently held that Article 324 confers broad constitutional powers upon the Election Commission to issue necessary administrative directions for conducting free and fair elections in areas where the law is silent, provided such directions are not inconsistent with any existing statutory provision.
Question 23: Which of the following statement(s) is/are correct? (1) An election petition can be presented only before the High Court. (2) The Representation of the People Act, 1951 provides for election petitions.
-
A.
1 only
-
B.
Both 1 and 2
✓
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
B
— Both 1 and 2
Explanation:Under the Representation of the People Act, 1951, election petitions are filed before the concerned High Court. The Act also lays down the procedure for their adjudication.
Question 24: Which of the following pairs is correctly matched? (1) Article 324 – Election Commission (2) Article 325 – One General Electoral Roll (3) Article 326 – Adult Suffrage
-
A.
1 and 2 only
-
B.
2 and 3 only
-
C.
1, 2 and 3
✓
-
D.
1 and 3 only
Correct Answer:
C
— 1, 2 and 3
Explanation:All three pairs are correctly matched. These Articles constitute the constitutional foundation of India's electoral system.
Question 25: Which of the following statement(s) is/are correct? (1) Every violation of the Model Code of Conduct automatically results in the disqualification of the candidate. (2) The Model Code of Conduct is not a statutory enactment by itself.
-
A.
1 only
-
B.
2 only
✓
-
C.
Both 1 and 2
-
D.
Neither 1 nor 2
Correct Answer:
B
— 2 only
Explanation:The Model Code of Conduct is not a statutory enactment by itself. Its violation does not automatically lead to the disqualification of a candidate in every case. However, depending on the facts of the case, action may be taken under the Representation of the People Act, the Bharatiya Nyaya Sanhita, or other applicable laws. Therefore, Statement 1 is incorrect, while Statement 2 is correct.
Question 26: Under which of the following circumstances may the Election Commission decide a dispute relating to the election symbol of a political party?
-
A.
When a recognized political party splits.
✓
-
B.
When a candidate's nomination is rejected.
-
C.
When a constituency is delimited.
-
D.
When the electoral roll is revised.
Correct Answer:
A
— When a recognized political party splits.
Explanation:Under the Election Symbols (Reservation and Allotment) Order, 1968, if a recognized political party splits, the Election Commission decides disputes regarding the claim over the election symbol.
Question 27: Which of the following statement(s) is/are correct? (1) Article 324 directly confers powers upon the Election Commission through the Constitution. (2) Parliament may regulate the functioning of the Commission by enacting laws on election-related matters.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:Article 324 provides the constitutional basis for the powers of the Election Commission, while Article 327 empowers Parliament to make laws with respect to elections. Accordingly, the Election Commission exercises powers derived both from the Constitution and from laws enacted by Parliament.
Question 28: With reference to the Anti-Defection Law, which of the following statements is correct?
-
A.
The President decides questions of disqualification.
-
B.
The initial decision regarding disqualification is taken by the Speaker/Chairman of the concerned House.
✓
-
C.
The Election Commission decides questions of disqualification.
-
D.
The Supreme Court directly decides questions of disqualification.
Correct Answer:
B
— The initial decision regarding disqualification is taken by the Speaker/Chairman of the concerned House.
Explanation:Under the Tenth Schedule, the Speaker or Chairman of the concerned House decides questions relating to disqualification. In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court held that such decisions are subject to judicial review.
Question 29: Which of the following statement(s) is/are correct? (1) VVPAT provides the voter with visual confirmation of the vote cast. (2) Mandatory counting of all VVPAT slips is conducted at every polling station.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
-
D.
1 only; Statement 2 is incorrect.
✓
Correct Answer:
D
— 1 only; Statement 2 is incorrect.
Explanation:VVPAT (Voter Verifiable Paper Audit Trail) enables a voter to verify that the vote has been recorded as intended. At present, VVPAT slips are counted only from selected polling stations in accordance with the procedure prescribed by the Election Commission and the applicable judicial directions. VVPAT slips from all polling stations are not counted as a matter of course. Therefore, Statement (1) is correct, while Statement (2) is incorrect.
Question 30: Which of the following statement(s) is/are correct? (1) The Representation of the People Act, 1951 provides for corrupt practices. (2) Every electoral irregularity automatically renders an election void.
-
A.
1 only
✓
-
B.
2 only
-
C.
Both 1 and 2
-
D.
Neither 1 nor 2
Correct Answer:
A
— 1 only
Explanation:The Representation of the People Act, 1951 provides for corrupt practices. However, every irregularity does not automatically invalidate an election; the court must be satisfied that the irregularity materially affected the election result.
Question 31: Which of the following statements most appropriately describes the constitutional status of the Election Commission?
-
A.
It is an independent constitutional body established by the Constitution, whose powers are derived from both the Constitution and laws enacted by Parliament.
✓
-
B.
It is merely a statutory body established by Parliament.
-
C.
It is a part of the Judiciary.
-
D.
It is a department under the Executive.
Correct Answer:
A
— It is an independent constitutional body established by the Constitution, whose powers are derived from both the Constitution and laws enacted by Parliament.
Explanation:The Election Commission has been established under Article 324 of the Constitution. Its core powers are derived from the Constitution, while detailed regulation of several election-related matters is provided through laws such as the Representation of the People Acts, 1950 and 1951.
Question 32: Which of the following statement(s) is/are correct? (1) The right to vote is a statutory right. (2) The right of voters to know the background of candidates has been recognized by the Supreme Court.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:The right to vote is a statutory right derived from the provisions of the Representation of the People Acts, 1950 and 1951. In Association for Democratic Reforms v. Union of India (2002) and subsequent judgments, the Supreme Court recognized the voters' "Right to Know" as an integral part of the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. Accordingly, voters have the right to obtain important information relating to candidates, including their educational qualifications, criminal antecedents, assets, and liabilities.
Question 33: Which of the following elections is not conducted under the First-Past-the-Post (FPTP) system?
-
A.
Lok Sabha elections
-
B.
Presidential election
✓
-
C.
State Legislative Assembly elections
-
D.
Most Legislative Assembly by-elections
Correct Answer:
B
— Presidential election
Explanation:The President of India is elected by an Electoral College through the system of proportional representation by means of the single transferable vote and voting by secret ballot. Elections to the Lok Sabha and State Legislative Assemblies, including by-elections, are conducted under the First-Past-the-Post (FPTP) system.
Question 34: Which of the following statement(s) is/are correct? (1) The Election Commission monitors compliance with the Model Code of Conduct during elections. (2) The Model Code of Conduct is an Act passed by Parliament.
-
A.
1 only
✓
-
B.
2 only
-
C.
Both 1 and 2
-
D.
Neither 1 nor 2
Correct Answer:
A
— 1 only
Explanation:The Model Code of Conduct is a set of non-statutory guidelines evolved by the Election Commission with the consensus of political parties. It is not an Act of Parliament. Violations may attract action under applicable laws, including the Representation of the People Act, 1951, the Bharatiya Nyaya Sanhita, 2023, or other relevant laws.
Question 35: Which of the following statements is correct?
-
A.
The final decision in disputes relating to election symbols is taken by the Election Commission of India.
✓
-
B.
Election symbols are allotted by Parliament.
-
C.
Election symbols are allotted only to national parties.
-
D.
All disputes relating to election symbols are decided by the Supreme Court.
Correct Answer:
A
— The final decision in disputes relating to election symbols is taken by the Election Commission of India.
Explanation:Under the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission decides matters relating to the allotment of election symbols and disputes among political parties regarding such symbols.
Question 36: Which of the following statement(s) is/are correct? (1) The NOTA option strengthens the secrecy of the voter's choice. (2) The Supreme Court recognized NOTA as a means of democratic expression.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:In People's Union for Civil Liberties (PUCL) v. Union of India (2013), the Supreme Court directed the introduction of the NOTA option, holding that it promotes freedom of expression under Article 19(1)(a), preserves the secrecy of voting, and strengthens democratic participation.
Question 37: Under which of the following circumstances can an elected member be disqualified under the Anti-Defection Law?
-
A.
If the member resigns from a committee of the House.
-
B.
If the member voluntarily gives up the membership of his/her political party.
✓
-
C.
If the member becomes a member of a parliamentary committee.
-
D.
If the member remains absent from the House.
Correct Answer:
B
— If the member voluntarily gives up the membership of his/her political party.
Explanation:Under the Tenth Schedule, a member may be disqualified if he or she voluntarily gives up the membership of the political party or votes against the party whip (without obtaining condonation).
Question 38: Which of the following statement(s) is/are correct? (1) All decisions of the Election Commission of India are taken solely by the Chief Election Commissioner. (2) In a multi-member Election Commission, decisions are ordinarily taken by majority.
-
A.
1 only
-
B.
2 only
✓
-
C.
Both 1 and 2
-
D.
Neither 1 nor 2
Correct Answer:
B
— 2 only
Explanation:Since 1993, the Election Commission has functioned as a multi-member body. The Chief Election Commissioner is the first among equals, and decisions are ordinarily taken by majority. Therefore, Statement (1) is incorrect, while Statement (2) is correct.
Question 39: In which of the following Supreme Court judgments was it held that the source of the Election Commission's powers is not confined to laws enacted by Parliament, but also includes Article 324 of the Constitution?
-
A.
Mohinder Singh Gill v. Chief Election Commissioner
✓
-
B.
Indra Sawhney v. Union of India
-
C.
Kesavananda Bharati v. State of Kerala
-
D.
S. R. Bommai v. Union of India
Correct Answer:
A
— Mohinder Singh Gill v. Chief Election Commissioner
Explanation:In Mohinder Singh Gill v. Chief Election Commissioner (1978), the Supreme Court held that Article 324 confers wide constitutional powers upon the Election Commission, particularly in situations where the law is silent.
Question 40: Which of the following statement(s) is/are correct? (1) Article 324 confers upon the Election Commission only those powers that are specifically provided under laws enacted by Parliament. (2) Where the law is silent on a matter, the Election Commission may issue necessary directions to ensure free and fair elections.
-
A.
1 only
-
B.
2 only
✓
-
C.
Both 1 and 2
-
D.
Neither 1 nor 2
Correct Answer:
B
— 2 only
Explanation:The Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner (1978) and subsequent decisions held that Article 324 is an independent constitutional source of power. Where the law is silent, the Election Commission may issue appropriate directions, provided they are not inconsistent with existing law. Therefore, Statement (1) is incorrect, while Statement (2) is correct.
Question 41: Which of the following statements is/are correct? (1) Free and fair elections are the cornerstone of democratic governance. (2) Ensuring free and fair elections is the primary constitutional responsibility of the Election Commission of India.
-
A.
Both 1 and 2
✓
-
B.
1 only
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
A
— Both 1 and 2
Explanation:Free and fair elections are an essential feature of India's democratic system. Under Article 324 of the Constitution, the Election Commission of India is entrusted with the constitutional responsibility of conducting elections in a free, fair, impartial, and credible manner.
Question 42: Which of the following statements is correct?
-
A.
The electoral roll is revised only after every Census.
-
B.
The electoral roll is revised periodically.
✓
-
C.
The electoral roll is prepared by Parliament.
-
D.
The electoral roll has no statutory basis.
Correct Answer:
B
— The electoral roll is revised periodically.
Explanation:Electoral rolls are revised periodically through summary revisions and are also updated continuously to include eligible voters and remove ineligible entries in accordance with the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.
Question 43: Which of the following statements is/are correct? (1) In exceptional circumstances, the Election Commission may revise the election schedule. (2) This power flows from its constitutional authority under Article 324.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:Article 324 vests the Election Commission with the superintendence, direction, and control of elections. In exceptional circumstances, it may revise or reschedule the election programme to ensure the conduct of free and fair elections.
Question 44: Who has the power of superintendence, direction, and control over elections to Panchayats?
-
A.
Election Commission of India
-
B.
Governor
-
C.
State Government
-
D.
State Election Commission
✓
Correct Answer:
D
— State Election Commission
Explanation:Under Article 243K of the Constitution, elections to Panchayats are conducted by the State Election Commission.
Question 45: Which of the following statements is correct?
-
A.
Both the right to vote and the right to contest elections are statutory rights.
✓
-
B.
The right to vote is a Fundamental Right.
-
C.
The right to contest elections is a Fundamental Right.
-
D.
Both are constitutional Fundamental Rights.
Correct Answer:
A
— Both the right to vote and the right to contest elections are statutory rights.
Explanation:The Supreme Court has clarified that both the right to vote and the right to contest elections are statutory rights derived primarily from the Representation of the People Acts, 1950 and 1951. They are not Fundamental Rights.
Question 46: Which of the following statements is/are correct? (1) Election symbols are allotted by the Election Commission. (2) Free election symbols may also be allotted to independent candidates.
-
A.
1 only
-
B.
Both 1 and 2
✓
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
B
— Both 1 and 2
Explanation:The Election Commission allots reserved symbols to recognized political parties and free symbols to other candidates, including independent candidates, from the list of available free symbols.
Question 47: Which of the following subjects falls under the Representation of the People Act, 1951?
-
A.
Preparation of electoral rolls
-
B.
Delimitation of constituencies
-
C.
Voter registration
-
D.
Election petitions
✓
Correct Answer:
D
— Election petitions
Explanation:The Representation of the People Act, 1951 deals with the conduct of elections, qualifications and disqualifications of candidates, election petitions, and corrupt electoral practices.
Question 48: Which of the following is elected through the system of proportional representation by means of the single transferable vote?
-
A.
President
✓
-
B.
Lok Sabha
-
C.
State Legislative Assembly
-
D.
Gram Panchayat
Correct Answer:
A
— President
Explanation:The President is elected by an Electoral College through the system of proportional representation by means of the single transferable vote and by secret ballot. Elections to the Lok Sabha and the State Legislative Assemblies are conducted under the First-Past-the-Post system.
Question 49: Which of the following statements is/are correct? (1) Article 325 provides for separate electorates. (2) No citizen can be denied inclusion in the electoral roll on the grounds of religion, caste, sex, or race.
-
A.
1 only
-
B.
Both 1 and 2
-
C.
2 only
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— 2 only
Explanation:Article 325 provides for a single general electoral roll and does not recognize separate electorates. It also prohibits exclusion from the electoral roll on discriminatory grounds.
Question 50: Which of the following statements is/are correct? (1) The Election Commission of India grants recognition to political parties as National or State Parties. (2) The Election Commission may withdraw such recognition if the prescribed conditions are no longer fulfilled.
-
A.
1 only
-
B.
Both 1 and 2
✓
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
B
— Both 1 and 2
Explanation:The Election Commission grants recognition to political parties on the basis of the criteria prescribed under the Election Symbols (Reservation and Allotment) Order, 2024. It may also review and withdraw such recognition if a political party ceases to satisfy the prescribed conditions.
Question 51: Which of the following statements is correct?
-
A.
The Election Commission was established by the Representation of the People Act, 1951.
-
B.
The Election Commission is a committee of Parliament.
-
C.
The Election Commission is an independent constitutional body, while many of its functions are regulated by laws enacted by Parliament.
✓
-
D.
The Election Commission functions under the administrative control of the Supreme Court.
Correct Answer:
C
— The Election Commission is an independent constitutional body, while many of its functions are regulated by laws enacted by Parliament.
Explanation:The Election Commission was established under Article 324 of the Constitution. Many of its election-related functions are governed by laws enacted by Parliament, including the Representation of the People Acts, 1950 and 1951.
Question 52: Which of the following statements is/are correct? (1) There is only one electoral roll for each constituency in India. (2) No person can be excluded from the electoral roll on the grounds of religion, caste, sex, or language.
-
A.
Both 1 and 2
✓
-
B.
1 only
-
C.
2 only
-
D.
Neither 1 nor 2
Correct Answer:
A
— Both 1 and 2
Explanation:Under Article 325, there shall be one general electoral roll for every constituency, and no citizen can be excluded from the electoral roll on the grounds of religion, race, caste, sex, or any such consideration.
Question 53: The Representation of the People Act, 1951 primarily deals with:
-
A.
Preparation of electoral rolls
-
B.
Conduct of elections and election disputes
✓
-
C.
Delimitation of constituencies
-
D.
Census operations
Correct Answer:
B
— Conduct of elections and election disputes
Explanation:The Representation of the People Act, 1951 primarily deals with the conduct of elections, qualifications and disqualifications of candidates, corrupt practices, election offences, and election disputes including election petitions. Preparation of electoral rolls is principally governed by the Representation of the People Act, 1950.
Question 54: Which of the following elections is conducted through indirect election?
-
A.
Lok Sabha
-
B.
President
✓
-
C.
State Legislative Assembly
-
D.
Gram Panchayat
Correct Answer:
B
— President
Explanation:The President is elected indirectly by an Electoral College, whereas elections to the Lok Sabha and the State Legislative Assemblies are conducted through direct elections.
Question 55: Which of the following statements is correct?
-
A.
The Model Code of Conduct is not a legally enacted statute.
✓
-
B.
The Model Code of Conduct is part of the Tenth Schedule of the Constitution.
-
C.
The Model Code of Conduct is a chapter of the Representation of the People Act, 1951.
-
D.
The Model Code of Conduct is a law enacted by Parliament.
Correct Answer:
A
— The Model Code of Conduct is not a legally enacted statute.
Explanation:The Model Code of Conduct (MCC) is a set of guidelines evolved by the Election Commission of India with the consensus of political parties. It is not a law enacted by Parliament, although violations of certain provisions may attract action under other existing laws.
Question 56: Which of the following statements is/are correct? (1) Recognition of political parties is granted by the Election Commission of India. (2) Reservation and allotment of election symbols are carried out by the Election Commission of India.
-
A.
1 only
-
B.
2 only
-
C.
Both 1 and 2
✓
-
D.
Neither 1 nor 2
Correct Answer:
C
— Both 1 and 2
Explanation:The Election Commission of India grants recognition to political parties as National or State Parties and reserves or allots election symbols in accordance with the Election Symbols (Reservation and Allotment) Order, 2024.
Question 57: Which of the following pairs is correctly matched? (1) Article 324 – Election Commission (2) Article 326 – Adult Suffrage (3) Article 327 – Legislative Power of Parliament
-
A.
1 and 2 only
-
B.
1, 2 and 3
✓
-
C.
2 and 3 only
-
D.
1 and 3 only
Correct Answer:
B
— 1, 2 and 3
Explanation:All three pairs are correctly matched. Article 324 deals with the Election Commission, Article 326 with adult suffrage, and Article 327 with Parliament's legislative power relating to elections.
Question 58: Which of the following statements is/are correct? (1) Mere inclusion of a person's name in an electoral roll does not by itself make the person eligible to contest an election. (2) The right to vote is a statutory right. (3) The right to contest elections is also a statutory right.
-
A.
1 and 2 only
-
B.
2 and 3 only
-
C.
1 and 3 only
-
D.
1, 2 and 3
✓
Correct Answer:
D
— 1, 2 and 3
Explanation:Mere inclusion of a person's name in an electoral roll does not automatically confer eligibility to contest an election. A candidate must also satisfy the qualifications and not incur any disqualifications prescribed under the Constitution and the Representation of the People Act, 1951. Both the right to vote and the right to contest elections are statutory rights.
Question 59: Under which of the following Articles is Parliament empowered to make laws relating to elections?
-
A.
Article 327
✓
-
B.
Article 324
-
C.
Article 326
-
D.
Article 328
Correct Answer:
A
— Article 327
Explanation:Article 327 empowers Parliament to make laws relating to elections to Parliament and the State Legislatures, whereas Article 328 empowers the State Legislature to make laws on such matters where Parliament has not enacted any law.
Question 60: Which of the following statements is/are correct? (1) The Election Commission of India may function as a multi-member body. (2) The Chief Election Commissioner and the other Election Commissioners have equal voting powers in the Commission's decision-making. (3) Decisions of the Commission are generally taken by majority opinion.
-
A.
1 only
-
B.
1 and 2 only
-
C.
1, 2 and 3
✓
-
D.
2 and 3 only
Correct Answer:
C
— 1, 2 and 3
Explanation:Since 1993, the Election Commission of India has functioned as a permanent multi-member body. The Chief Election Commissioner and the other Election Commissioners enjoy equal voting rights in the Commission's decision-making, and decisions are generally taken by majority opinion. Although the Chief Election Commissioner presides over meetings, he does not possess a casting vote.
Question 61: Which of the following elections is conducted through direct election under the Constitution of India?
-
A.
Election of the President
-
B.
Election of the Vice-President
-
C.
Election to the Rajya Sabha
-
D.
Election to the Lok Sabha
✓
Correct Answer:
D
— Election to the Lok Sabha
Explanation:Members of the Lok Sabha are elected directly by the people. In contrast, the President, Vice-President, and Members of the Rajya Sabha are elected through an indirect electoral system.
Question 62: Who has the authority to allot election symbols to political parties in India?
-
A.
Election Commission of India
✓
-
B.
Parliament
-
C.
President
-
D.
Supreme Court
Correct Answer:
A
— Election Commission of India
Explanation:The Election Commission of India is responsible for the reservation and allotment of election symbols. It also takes decisions regarding the recognition of political parties.
Question 63: Which of the following is the primary subject matter of the Representation of the People Act, 1950?
-
A.
Election petitions
-
B.
Corrupt practices in elections
-
C.
Preparation of electoral rolls, allocation of seats, and matters relating to constituencies
✓
-
D.
Qualifications and disqualifications of candidates
Correct Answer:
C
— Preparation of electoral rolls, allocation of seats, and matters relating to constituencies
Explanation:The Representation of the People Act, 1950 primarily deals with the allocation of seats, delimitation-related provisions (where applicable), preparation and revision of electoral rolls, registration of electors, and matters connected with constituencies. The conduct of elections, election petitions, qualifications and disqualifications of candidates are mainly governed by the Representation of the People Act, 1951.
Question 64: Who is responsible for conducting Municipal Elections in India?
-
A.
Election Commission of India
-
B.
Parliament
-
C.
State Government
-
D.
State Election Commission
✓
Correct Answer:
D
— State Election Commission
Explanation:Under Article 243ZA of the Constitution, elections to Municipalities are conducted by the State Election Commission.
Question 65: Which of the following statements regarding the Election Commission of India is correct?
-
A.
It is an independent constitutional body.
✓
-
B.
It is a committee of Parliament.
-
C.
It functions under the Ministry of Home Affairs.
-
D.
It is a part of the Supreme Court.
Correct Answer:
A
— It is an independent constitutional body.
Explanation:The Election Commission of India is an independent constitutional body established under Article 324 of the Constitution to ensure the conduct of free and fair elections.
Question 66: Which of the following elections is conducted by the Election Commission of India?
-
A.
Gram Panchayat Elections
-
B.
State Legislative Assembly Elections
✓
-
C.
Municipal Corporation Elections
-
D.
Zila Parishad Elections
Correct Answer:
B
— State Legislative Assembly Elections
Explanation:The Election Commission of India conducts elections to the Lok Sabha, State Legislative Assemblies, and the offices of the President and Vice-President. Elections to local bodies are conducted by the State Election Commission.
Question 67: Which of the following generally comes into force immediately after the Election Commission of India announces the election schedule?
-
A.
National Emergency
-
B.
President's Rule
-
C.
Model Code of Conduct
✓
-
D.
Financial Emergency
Correct Answer:
C
— Model Code of Conduct
Explanation:The Model Code of Conduct (MCC) generally comes into force immediately after the Election Commission of India announces the election schedule. Its objective is to ensure free, fair, and transparent elections.
Question 68: Which authority grants recognition to National and State Political Parties in India?
-
A.
Election Commission of India
✓
-
B.
Parliament
-
C.
Law Commission of India
-
D.
Ministry of Home Affairs
Correct Answer:
A
— Election Commission of India
Explanation:The Election Commission of India grants recognition to political parties as National or State Parties under the Election Symbols (Reservation and Allotment) Order, 1968, based on the prescribed criteria.
Question 69: Which of the following is an essential requirement for a person to have his or her name registered in the electoral roll of a constituency in India?
-
A.
Being a permanent resident of that area
-
B.
Being an income taxpayer
-
C.
Being a graduate
-
D.
Being an ordinary resident of that constituency
✓
Correct Answer:
D
— Being an ordinary resident of that constituency
Explanation:According to the Representation of the People Act, 1950, a person must be an ordinary resident of the concerned constituency to have his or her name registered in the electoral roll.
Question 70: Which Article of the Indian Constitution provides for adult suffrage in elections to the Lok Sabha and State Legislative Assemblies?
-
A.
Article 324
-
B.
Article 326
✓
-
C.
Article 325
-
D.
Article 327
Correct Answer:
B
— Article 326
Explanation:Article 326 provides for universal adult suffrage in elections to the Lok Sabha and the State Legislative Assemblies. At present, the minimum voting age is 18 years.
Question 71: What is the constitutional status of the Election Commission of India?
-
A.
Independent Constitutional Body
✓
-
B.
Statutory Body
-
C.
Parliamentary Committee
-
D.
Judicial Body
Correct Answer:
A
— Independent Constitutional Body
Explanation:The Election Commission of India is an independent constitutional body established under Article 324 of the Constitution to ensure free and fair elections.
Question 72: In India, the right to vote is classified as which type of right?
-
A.
Fundamental Right
-
B.
Natural Right
-
C.
Statutory Right
✓
-
D.
Right to Constitutional Remedies
Correct Answer:
C
— Statutory Right
Explanation:In India, the right to vote is a statutory right. Although Article 326 provides the constitutional basis for universal adult suffrage, the right to vote and its exercise are regulated by the Representation of the People Acts, 1950 and 1951. Therefore, it is not considered a Fundamental Right.
Question 73: Which of the following is not a constitutional function of the Election Commission of India?
-
A.
Superintendence of electoral rolls
-
B.
Conducting Lok Sabha elections
-
C.
Conducting Presidential elections
-
D.
Conducting Panchayat elections
✓
Correct Answer:
D
— Conducting Panchayat elections
Explanation:Elections to Panchayats and Municipal Bodies are conducted by the State Election Commission. The Election Commission of India does not conduct these elections.
Question 74: Which authority is responsible for the reservation and allotment of election symbols in India?
-
A.
Parliament
-
B.
Election Commission of India
✓
-
C.
Supreme Court
-
D.
President
Correct Answer:
B
— Election Commission of India
Explanation:Under the Election Symbols (Reservation and Allotment) Order, 1968, the Election Commission of India reserves and allots election symbols to political parties and independent candidates. It also decides disputes relating to election symbols.
Question 75: Which of the following Acts deals with the conduct of elections, qualifications and disqualifications of candidates, and related matters?
-
A.
Representation of the People Act, 1950
-
B.
Representation of the People Act, 1949
-
C.
Representation of the People Act, 1951
✓
-
D.
Indian Penal Code, 1860
Correct Answer:
C
— Representation of the People Act, 1951
Explanation:The Representation of the People Act, 1951 is the principal legislation dealing with the conduct of elections, qualifications and disqualifications of candidates, electoral offences and corrupt practices, election petitions, and other election-related procedures.
Question 76: What is meant by Universal Adult Suffrage?
-
A.
Every Indian citizen who has attained the prescribed age and satisfies the conditions prescribed by law has the right to vote without discrimination based on religion, race, caste, sex, or any of them.
✓
-
B.
Only educated citizens have the right to vote.
-
C.
Only taxpayers have the right to vote.
-
D.
Only government employees have the right to vote.
Correct Answer:
A
— Every Indian citizen who has attained the prescribed age and satisfies the conditions prescribed by law has the right to vote without discrimination based on religion, race, caste, sex, or any of them.
Explanation:Universal Adult Suffrage means that every citizen who has attained the prescribed voting age and fulfills the legal qualifications is entitled to vote without discrimination on the grounds of religion, race, caste, sex, or any of them, subject to constitutional and statutory provisions.
Question 77: Who appoints the Chief Election Commissioner of India?
-
A.
Prime Minister
-
B.
President
✓
-
C.
Speaker of the Lok Sabha
-
D.
Chief Justice of India
Correct Answer:
B
— President
Explanation:The Chief Election Commissioner (CEC) and the other Election Commissioners are appointed by the President under Article 324(2) of the Constitution. At present, under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the President makes the appointments on the recommendation of the Selection Committee.
Question 78: Which of the following elections is not conducted by the Election Commission of India?
-
A.
Lok Sabha Elections
-
B.
Presidential Election
-
C.
Vice-Presidential Election
-
D.
Panchayat Elections
✓
Correct Answer:
D
— Panchayat Elections
Explanation:Elections to Panchayats and Municipal Bodies are conducted by the State Election Commission. The Election Commission of India conducts elections to the Lok Sabha, State Legislative Assemblies, and the offices of the President and Vice-President.
Question 79: By which Constitutional Amendment was the minimum voting age in India reduced from 21 years to 18 years?
-
A.
61st Constitutional Amendment Act, 1988
✓
-
B.
42nd Constitutional Amendment Act, 1976
-
C.
44th Constitutional Amendment Act, 1978
-
D.
52nd Constitutional Amendment Act, 1985
Correct Answer:
A
— 61st Constitutional Amendment Act, 1988
Explanation:The 61st Constitutional Amendment Act, 1988 amended Article 326 and reduced the voting age from 21 years to 18 years.
Question 80: Under which Article of the Indian Constitution is the Election Commission of India established?
-
A.
Article 325
-
B.
Article 326
-
C.
Article 324
✓
-
D.
Article 327
Correct Answer:
C
— Article 324
Explanation:The Election Commission of India is established under Article 324 of the Constitution. It is an independent constitutional body responsible for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
Question 81: Assertion (A): The Election Commission may declare any political party as a National Party solely on the basis of its discretion, without any statutory criteria. Reason (R): Recognition as a National Party or a State Party is granted on the basis of objective electoral performance criteria prescribed by the Election Commission.
-
A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
✓
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:The assertion is incorrect because the Election Commission cannot declare a political party as a National Party solely on the basis of discretion. Recognition as a National Party or a State Party is granted under the Election Symbols (Reservation and Allotment) Order, 1968 on the basis of objective criteria such as vote share and electoral performance. The reason is correct and reflects the current legal position. Therefore, Option D is correct.
Question 82: Assertion (A): Inclusion of a person's name in the electoral roll confers the practical right to vote, but that right remains subject to valid legal restrictions relating to elections. Reason (R): The right to vote is not a Fundamental Right guaranteed by the Constitution but is regarded as a statutory right conferred by law.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because even after a person's name is included in the electoral roll, the right to vote remains subject to the electoral laws, and its exercise may be restricted in certain circumstances. The reason is also correct because the Supreme Court has clarified that the right to vote is a statutory right governed primarily by the Representation of the People Act, 1950, the Representation of the People Act, 1951, and the relevant election rules; it is not, by itself, a Fundamental Right. Since the right to vote is statutory in nature, its exercise is necessarily subject to the conditions and restrictions prescribed by law. Thus, the reason directly explains the assertion. Therefore, Option A is correct.
Question 83: Assertion (A): Under the anti-defection law, if there is an inordinate delay by the Speaker or the Chairman in deciding a case, the courts cannot intervene under any circumstances. Reason (R): The Supreme Court has held that although the Speaker or the Chairman is the primary decision-maker in anti-defection matters, the power of judicial review is not excluded in exceptional circumstances.
-
A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
✓
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:The assertion is incorrect because the Supreme Court, in Kihoto Hollohan v. Zachillhu (1992) and subsequent judgments, clarified that the decision of the Speaker or the Chairman is not completely immune from judicial review. Furthermore, if there is an unreasonable or excessive delay in deciding an anti-defection petition and constitutional governance is affected, the courts may intervene in appropriate circumstances. The reason is correct because it reflects the current judicial position. Therefore, Option D is correct.
Question 84: Assertion (A): The Election Commission possesses the power to cancel the registration of a political party in the same manner as it can withdraw the recognition of a recognised political party. Reason (R): Registration of a political party and its recognition are two distinct legal concepts, and the source of the Election Commission's powers in relation to each is not the same.
-
A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
✓
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:The assertion is incorrect because while the Election Commission has the power to withdraw recognition under the Election Symbols (Reservation and Allotment) Order, 1968, its power to cancel the registration of a political party is extremely limited, and under normal circumstances it does not enjoy the same broad authority as it does in matters relating to withdrawal of recognition. The Supreme Court has also treated registration and recognition as distinct legal concepts. The reason is correct because the legal nature of the two concepts and the source of the Commission's powers regarding them are different. Therefore, Option D is correct.
Question 85: Assertion (A): Article 324 of the Constitution not only confers administrative powers upon the Election Commission but also permits it to exercise supplementary powers in situations necessary to ensure free and fair elections. Reason (R): The Supreme Court has clarified that the powers vested under Article 324 may be exercised where the existing electoral laws do not provide a complete solution to a particular situation.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because Article 324 is not merely an administrative provision for conducting elections; it also empowers the Election Commission with necessary supplementary powers to ensure free and fair elections. The Supreme Court, in Mohan Singh Gill v. Chief Election Commissioner (1978) and T. N. Seshan v. Union of India (1995), clarified that the Commission may issue necessary directions in situations where the law is incomplete, provided that it does not act contrary to any existing statutory provision. The reason is correct and provides the constitutional as well as judicial basis for the assertion. Therefore, Option A is correct.
Question 86: Assertion (A): A political party registered under the Representation of the People Act, 1951 is not necessarily entitled to a reserved election symbol in every election. Reason (R): The right to a reserved election symbol is available only to recognised political parties, whereas registered but unrecognised political parties are generally allotted symbols from the pool of free election symbols.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because mere registration under the Representation of the People Act, 1951 does not entitle a political party to a reserved election symbol. Reserved symbols are ordinarily allotted only to recognised National or State political parties. Registered but unrecognised political parties are generally allotted symbols from the pool of free election symbols under the Election Symbols (Reservation and Allotment) Order, 1968. Therefore, the reason correctly explains the assertion.
Question 87: Assertion (A): A candidate's deliberately incomplete or misleading disclosure of the information required to be furnished along with the nomination paper may undermine the transparency of the electoral process. Reason (R): The requirement to disclose criminal cases, assets, liabilities, and educational qualifications has been developed to strengthen the voters' right to know.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because deliberately incomplete or misleading disclosure in the candidate's affidavit undermines the transparency of the electoral process and affects the voter's ability to make an informed choice. The reason is also correct because in Union of India v. Association for Democratic Reforms and People's Union for Civil Liberties v. Union of India, the Supreme Court recognised the voter's right to know as an integral part of free and fair elections, leading to mandatory disclosure of criminal antecedents, assets, liabilities, and educational qualifications. Thus, the reason correctly explains the assertion.
Question 88: Assertion (A): Under the anti-defection law, voluntary resignation from the membership of a political party can be established only by submitting a written resignation. Reason (R): The Supreme Court has held that the conduct of a member may also, depending on the circumstances, establish that the member has voluntarily given up the membership of the political party.
-
A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
✓
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:The assertion is incorrect because, under the Tenth Schedule, voluntarily giving up the membership of a political party is not confined to the formal submission of a resignation letter. In Ravi S. Naik v. Union of India and subsequent decisions, the Supreme Court held that a member's conduct, public statements, or behaviour may also justify the inference that the member has voluntarily given up the membership of the political party. The reason correctly reflects the settled legal position. Therefore, Option D is correct.
Question 89: Assertion (A): Before an election petition is decided, the Election Commission itself cannot declare the election of a returned candidate void. Reason (R): Under the Representation of the People Act, 1951, the ordinary statutory remedy for challenging the validity of an election is an election petition.
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A.
Both A and R are correct, and R is the correct explanation of A.
✓
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
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D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because the Election Commission has no general power to declare the election of a returned candidate void. Under the Representation of the People Act, 1951, the validity of an election can ordinarily be challenged only through an election petition before the competent High Court, which alone is empowered to declare an election void. The reason is also correct and directly explains why the Election Commission lacks such authority. Therefore, Option A is correct.
Question 90: Assertion (A): If an explicit provision exists on a subject under the Representation of the People Act, 1951 or the Election Rules, the Election Commission cannot issue directions contrary to such provisions by invoking Article 324. Reason (R): The residual powers of the Election Commission under Article 324 can be exercised only where the law is silent, and the Commission's directions are not inconsistent with any existing statutory provision.
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A.
Both A and R are correct, and R is the correct explanation of A.
✓
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because although Article 324 confers broad constitutional powers upon the Election Commission, those powers are not unlimited. In A. C. Jose v. Sivan Pillai, the Supreme Court held that where a subject is governed by a law enacted by Parliament or by valid Election Rules, the Election Commission cannot issue directions contrary to such law or rules. The reason is also correct because the Commission's residual powers under Article 324 operate only where the law is silent and its directions are consistent with the existing statutory framework. Therefore, the reason correctly explains the assertion.
Question 91: Assertion (A): Recognition of a political party by the Election Commission and the allotment of an election symbol to it are not the same legal concept. Reason (R): The registration of a political party, its recognition, and its rights relating to election symbols are governed by separate legal provisions and prescribed criteria.
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A.
Both A and R are correct, and R is the correct explanation of A.
✓
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because registration of a political party, recognition as a State Party or National Party, and the reservation and allotment of election symbols are distinct legal concepts. Registration is governed by Section 29A of the Representation of the People Act, 1951, whereas recognition and the reservation/allotment of election symbols are governed by the Election Symbols (Reservation and Allotment) Order, 1968, based on prescribed criteria. The reason is correct and directly explains the assertion. Therefore, Option A is correct.
Question 92: Assertion (A): The Election Commission of India does not directly decide every question relating to the disqualification of elected Members of Parliament or State Legislatures. Reason (R): Under the Constitution, the President or the Governor decides such questions after obtaining the opinion of the Election Commission, and the decision is taken in accordance with that opinion.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because, under Articles 103 and 192 of the Constitution, questions relating to the disqualification of sitting Members of Parliament and State Legislatures are not decided directly by the Election Commission. The President (for Members of Parliament) or the Governor (for Members of State Legislatures) takes the formal decision after obtaining the opinion of the Election Commission. In practice, the decision is made in accordance with the Commission's opinion. Therefore, the reason correctly explains the assertion, and Option A is correct.
Question 93: Assertion (A): The Representation of the People Act, 1950 primarily regulates matters relating to constituencies and electoral rolls. Reason (R): The Representation of the People Act, 1951 is confined only to provisions relating to electoral offences.
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A.
Both A and R are correct, and R is the correct explanation of A.
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
✓
-
D.
A is incorrect, but R is correct.
Correct Answer:
C
— A is correct, but R is incorrect.
Explanation:The assertion is correct because the Representation of the People Act, 1950 primarily deals with the allocation of seats, delimitation-related provisions (as amended), preparation of electoral rolls, and matters relating to voter registration. The reason is incorrect because the Representation of the People Act, 1951 is much wider in scope. It deals with the conduct of elections, qualifications and disqualifications, corrupt practices, electoral offences, election petitions, and several other matters relating to elections. Therefore, Option C is correct.
Question 94: Assertion (A): In an election to the Lok Sabha or a State Legislative Assembly, if a candidate dies after the nomination has been validly accepted but before polling, the election is not automatically countermanded in every case. Reason (R): Under the Representation of the People Act, 1951, the effect of a candidate's death on the election process depends upon the relevant circumstances and the status of the candidate.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because, under the present legal framework, the death of a candidate does not automatically result in the countermanding of the election in every situation. Amendments to the Representation of the People Act, 1951 have modified the earlier legal position, and the consequences now depend upon the statutory provisions applicable to the particular circumstances. The reason is also correct and directly explains the assertion. Therefore, Option A is correct.
Question 95: Assertion (A): Merely having one's name entered in the electoral roll of a constituency does not automatically confer the right to contest an election from that constituency. Reason (R): Eligibility to contest an election is determined not only by inclusion in an electoral roll but also by the qualifications and disqualifications prescribed under the Constitution and the Representation of the People Act, 1951.
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A.
Both A and R are correct, and R is the correct explanation of A.
✓
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because mere inclusion of a person's name in an electoral roll does not by itself confer the right to contest an election. A candidate must also satisfy the constitutional and statutory qualifications, such as citizenship, minimum age, and other eligibility conditions, and must not incur any disqualification prescribed under the Constitution or the Representation of the People Act, 1951. The reason is also correct and directly explains the assertion by stating that electoral roll registration alone is not sufficient for eligibility to contest. Therefore, Option A is correct.
Question 96: Assertion (A): The objective of electoral reforms is to make the electoral process more free, fair, transparent, and credible. Reason (R): Reforms in the electoral process can be introduced only through constitutional amendments.
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A.
Both A and R are correct, and R is the correct explanation of A.
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B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
✓
-
D.
A is incorrect, but R is correct.
Correct Answer:
C
— A is correct, but R is incorrect.
Explanation:The assertion is correct because the objective of electoral reforms is to make the electoral process more free, fair, transparent, credible, and effective. The reason is incorrect because electoral reforms can be introduced not only through constitutional amendments but also through legislative amendments, administrative measures taken by the Election Commission, and judicial decisions. Therefore, option C is correct.
Question 97: Assertion (A): VVPAT is used only in elections to the Rajya Sabha. Reason (R): VVPAT enables a voter to verify that his or her vote has been recorded in favour of the intended candidate.
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A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
✓
Correct Answer:
D
— A is incorrect, but R is correct.
Explanation:The assertion is incorrect because VVPAT is used along with Electronic Voting Machines (EVMs) in Lok Sabha, State Legislative Assembly, and other direct elections to enable voter verification. Its use is not confined to Rajya Sabha elections. The reason is correct because the purpose of VVPAT is to allow the voter to verify that the vote has been correctly recorded in favour of the intended candidate. Therefore, option D is correct.
Question 98: Assertion (A): Under the Anti-Defection Law, a member of a House may be disqualified if he or she voluntarily gives up the membership of the political party on whose ticket he or she was elected. Reason (R): The primary objective of the Anti-Defection Law is to curb political defections motivated by the lure of office or other similar considerations and to promote political stability.
-
A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
✓
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:The assertion is correct because, under the Tenth Schedule of the Constitution, inserted by the 52nd Constitutional Amendment Act, 1985, a member may be disqualified if he or she voluntarily gives up the membership of the political party on whose ticket he or she was elected. The reason is also correct because the Anti-Defection Law was enacted to curb political defections motivated by the lure of office or other similar considerations and to promote political stability. However, the reason states the broader objective of the law and does not directly explain the legal ground for disqualification mentioned in the assertion. Therefore, Option B is correct.
Question 99: Assertion (A): The Election Commission of India registers political parties and regulates the allotment of election symbols and matters connected therewith. Reason (R): Mere registration of a political party does not automatically confer upon it the status of a National Party.
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A.
Both A and R are correct, and R is the correct explanation of A.
-
B.
Both A and R are correct, but R is not the correct explanation of A.
✓
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
B
— Both A and R are correct, but R is not the correct explanation of A.
Explanation:The assertion is correct because the Election Commission of India registers political parties under Section 29A of the Representation of the People Act, 1951, and regulates the allotment of election symbols under the Election Symbols (Reservation and Allotment) Order, 1968. The reason is also correct because registration alone does not automatically confer the status of a National Party; a political party must satisfy the electoral performance criteria prescribed by the Election Commission. However, the reason does not explain why the Election Commission registers political parties or regulates election symbols. Therefore, Option B is correct.
Question 100: Assertion (A): The Election Commission of India is vested with the superintendence, direction, and control of elections to the Lok Sabha and State Legislative Assemblies, as well as the elections to the offices of the President and the Vice-President. Reason (R): Under Article 324 of the Constitution, the Election Commission has been entrusted with the constitutional responsibility of conducting these elections.
-
A.
Both A and R are correct, and R is the correct explanation of A.
✓
-
B.
Both A and R are correct, but R is not the correct explanation of A.
-
C.
A is correct, but R is incorrect.
-
D.
A is incorrect, but R is correct.
Correct Answer:
A
— Both A and R are correct, and R is the correct explanation of A.
Explanation:The assertion is correct because Article 324 of the Constitution empowers the Election Commission of India with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and the Vice-President. The reason is also correct because Article 324 constitutes the constitutional basis for the powers and functions of the Election Commission. Therefore, the reason correctly explains the assertion.