Constitutional Bodies — UPSC CSE Questions

740 UPSC CSE practice questions on Constitutional Bodies, part of Indian Polity & Governance. Below are 12 of them in full, each with the answer and a written explanation.

Questions & explanations

1. Which of the following statements about the functions of SPSCs is/are correct? 1. SPSCs conduct examinations for recruitment to state civil services. 2. SPSCs can advise the state government on promotions and transfers in state services. 3. SPSCs have the authority to recommend the removal of a state civil servant on grounds of misconduct. 4. SPSCs are not required to consult the UPSC before conducting state-level examinations.

  1. (a) 1 and 2 only
  2. (b) 1, 2 and 3 only
  3. (c) 1, 2, 3 and 4
  4. (d) 2 and 4 only

Answer: (c) 1, 2, 3 and 4

All four statements are correct regarding the functions of State Public Service Commissions (SPSCs) as per the Constitution. 1. **Statement 1 is correct:** Article 320(1) mandates SPSCs to conduct examinations for appointments to the services of the State. 2. **Statement 2 is correct:** Article 320(3)(b) states that SPSCs shall be consulted on the principles to be followed in making appointments to civil services and posts, and on the suitability of candidates for appointments, promotions, and transfers. 3. **Statement 3 is correct:** Article 320(3)(c) requires SPSCs to be consulted on all disciplinary matters affecting a person serving under the Government of a State, including memorials or petitions relating to such matters. This includes advising on actions like removal for misconduct. 4. **Statement 4 is correct:** SPSCs are independent constitutional bodies established for their respective states. They operate autonomously within their jurisdiction and are not subordinate to the Union Public Service Commission (UPSC). Therefore, they are not required to consult the UPSC before c

2. Consider the following statements regarding the composition of the Election Commission of India: 1. The Election Commission consists of the Chief Election Commissioner and such number of Election Commissioners as the President may appoint. 2. The Chief Election Commissioner is appointed by the President of India on the advice of the Council of Ministers. 3. The Election Commissioners are appointed by the President in consultation with the Chief Election Commissioner. Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 only
  4. (d) 1, 2 and 3

Answer: (a) 1 and 2 only

Statement 1 is correct: the Election Commission consists of the CEC and such number of Election Commissioners as the President may appoint (Article 324(2)). Statement 2 is correct: the CEC is appointed by the President (on the advice of a committee comprising the PM, a Cabinet Minister, and the Leader of Opposition, as per the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023). Under the 2023 Act, Election Commissioners are also appointed through the same selection committee as the CEC, not simply 'in consultation with the CEC'. Statement 3 as worded (consultation with CEC) reflects the old position, not the current law. However, for pre-2023 UPSC context, statements 1 and 2 were unambiguously correct. Statement 3 was the old Article 324(2) provision which said 'in consultation with CEC' — this was modified by the 2023 Act. In UPSC syllabus (constitutional law), statement 3 based on Article 324(2) text was formerly partially correct. Statements 1 and 2 are unambiguously correct; Given the 2023 Act removed th

3. Consider the following statements about the independence of the Election Commission: 1. The Election Commission is independent of the executive and judiciary. 2. The CEC can be removed only by a resolution passed by both Houses of Parliament with a special majority. 3. The salaries and allowances of the Election Commissioners are charged on the Consolidated Fund of India. Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 only
  4. (d) 1, 2 and 3

Answer: (b) 2 and 3 only

Statements 2 and 3 are correct. Statement 2 is correct because the Chief Election Commissioner (CEC) can be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court, which requires a resolution passed by both Houses of Parliament with a special majority. Statement 3 is correct as the salaries and allowances of the Election Commissioners are charged on the Consolidated Fund of India, ensuring their financial independence (as per the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, their salaries are equivalent to a Supreme Court Judge, which are charged on the CFI). Statement 1 is incorrect. While the Election Commission is indeed independent of the executive, it is not absolutely independent of the judiciary. Its decisions and actions are subject to judicial review by the High Courts and the Supreme Court, rendering the statement 'independent of the executive and judiciary' as a whole incorrect.

4. Consider the following statements regarding the removal of Election Commissioners in India: 1. The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. 2. An Election Commissioner (other than the Chief Election Commissioner) can be removed from office only on the recommendation of the Chief Election Commissioner. 3. The President can remove an Election Commissioner without the recommendation of the Chief Election Commissioner if there is a proven misbehaviour or incapacity. Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 2 only
  3. (c) 1 and 2 only
  4. (d) 1, 2 and 3

Answer: (c) 1 and 2 only

Statement 1 is correct. Article 324(5) of the Constitution states that the Chief Election Commissioner (CEC) shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court. This involves a special majority resolution passed by both Houses of Parliament. Statement 2 is correct. Article 324(5) further states that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. This provision ensures the independence of the Election Commissioners from the executive. Statement 3 is incorrect. An Election Commissioner (other than the CEC) cannot be removed by the President without the recommendation of the Chief Election Commissioner. The recommendation of the CEC is mandatory for the removal of other ECs, even if there are grounds of proven misbehaviour or incapacity. The President acts on the recommendation of the CEC for the removal of other ECs.

5. With reference to the Election Commission of India, consider the following statements regarding the appointment of Election Commissioners (other than the Chief Election Commissioner): 1. The number of such Election Commissioners is fixed by the President from time to time. 2. Their appointment is made by the President, subject to the provisions of any law made by Parliament. 3. The 11th Constitutional Amendment Act introduced the provision for the appointment of additional Election Commissioners. Which of the statements given above is/are correct?

  1. (a) 1 only
  2. (b) 1 and 2 only
  3. (c) 2 and 3 only
  4. (d) 1, 2 and 3

Answer: (b) 1 and 2 only

Article 324(2) of the Indian Constitution states that "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 and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President." Thus, statement 1 is correct as the President fixes the number of other Election Commissioners. Statement 2 is also correct as their appointment is made by the President, subject to parliamentary law. Statement 3 is incorrect. The 11th Constitutional Amendment Act (1961) is related to the election of the President and Vice-President, specifically regarding the election to fill a vacancy in the office of President or Vice-President and the validity of such elections. It did not introduce the provision for the appointment of additional Election Commissioners.

6. Consider the following statements regarding the composition of the UPSC: 1. The UPSC consists of a Chairman and other members appointed by the President. 2. The Chairman and members of UPSC are appointed for a fixed term of 6 years or until they attain the age of 65, whichever is earlier. 3. The Chairman and members of UPSC are not eligible for reappointment. Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 only
  4. (d) 1, 2 and 3

Answer: (d) 1, 2 and 3

Statement 1 is correct as per Article 316(1), which states that the President appoints the Chairman and other members of UPSC. Statement 2 is correct as per Article 316(2), which provides that the Chairman and members hold office for a term of 6 years or until they attain the age of 65, whichever is earlier. Statement 3 is correct. As per Article 316(3), a person who holds office as a member of a Public Service Commission (including the Chairman) shall, on the expiration of his term of office, be ineligible for reappointment to *that specific office*. This means they cannot hold the same post again. However, Article 319 specifies conditions for further employment: a UPSC member (other than the Chairman) is eligible for appointment as the Chairman of UPSC or as the Chairman of a State Public Service Commission. The Chairman of UPSC, however, is ineligible for any further employment under the Government of India or a State Government.

7. With reference to the powers of the Election Commission, consider the following statements: 1. The Election Commission has the power to issue directions to the government during elections. 2. The Commission can disqualify a candidate on grounds of corrupt practices. 3. The Commission can recommend the imposition of President’s Rule in a state. Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 only
  4. (d) 1, 2 and 3

Answer: (c) 1 only

The answer is (c) — statement 1 only. Statement 1 is correct: under Article 324, the Election Commission can issue directions to the government during elections. Statement 2 is incorrect: the Commission does not, on its own, disqualify a candidate on the ground of corrupt practices. Corrupt practice is established by the High Court in an election petition under the Representation of the People Act, 1951, and for disqualification on that ground (Section 8A) the President decides after seeking the Commissions opinion. (Section 10A, by contrast, lets the ECI disqualify only for failure to lodge election-expense accounts — a different ground.) Statement 3 is incorrect: recommending Presidents Rule in a state is the job of the Union Government and the Governor, not the Election Commission. Wrong. Statement 2 is false, so 1 and 2 cannot both be correct. Wrong. Both Statements 2 and 3 are false. Wrong. Statements 2 and 3 are both false.

8. Under which of the following situations is the Union Public Service Commission NOT required to be consulted?

  1. (a) While making appointments to civil services
  2. (b) While making promotions from one service to another
  3. (c) While making reservations for Scheduled Castes and Scheduled Tribes in public services
  4. (d) While framing rules regarding recruitment to civil services

Answer: (c) While making reservations for Scheduled Castes and Scheduled Tribes in public services

Article 320(3) requires the Union Public Service Commission to be consulted on matters such as methods of recruitment to civil services, principles for appointments, promotions and transfers, and disciplinary matters. Therefore the Commission is consulted for appointments (a), promotions from one service to another (b), and framing recruitment rules (d). However, Article 320(4) expressly provides that nothing in clause (3) shall require the Commission to be consulted on the manner in which reservations for backward classes (and, by extension, the provision for Scheduled Castes and Scheduled Tribes) are to be made under Article 16(4). In addition, the proviso to Article 320(3) lets the President or Governor specify by regulation matters in which the Commission need not be consulted. Hence (c) - making reservations for SCs and STs - is the situation where UPSC consultation is NOT required.

9. Under which law does the Election Commission have the authority to disqualify a candidate for corrupt practices?

  1. (a) Indian Penal Code
  2. (b) Representation of the People Act, 1951
  3. (c) Constitution of India
  4. (d) Delimitation Act, 1972

Answer: (b) Representation of the People Act, 1951

The answer is (b) — the Representation of the People Act, 1951. This Act lays down the grounds for disqualifying candidates, including for corrupt practices. Note the exact roles: corrupt practice is first established through an election petition decided by the High Court. For disqualification on this ground under Section 8A, the President takes the final decision after seeking the opinion of the Election Commission. So the law that governs this is the RPA, 1951, and the Commission has a defined role within it rather than disqualifying a candidate entirely on its own. Wrong. The Indian Penal Code covers general crimes, not election disqualifications. Wrong. The Constitution gives the broad framework but not the detailed disqualification rules; those are in the RPA, 1951. Wrong. The Delimitation Act only deals with redrawing constituency boundaries.

10. Which of the following is a key function of the CAG under Article 149 of the Constitution?

  1. (a) To advise the President on the appointment of judges
  2. (b) To audit the accounts of the Union and States and submit reports to the President
  3. (c) To conduct elections to local bodies
  4. (d) To supervise the functioning of the judiciary

Answer: (b) To audit the accounts of the Union and States and submit reports to the President

{'correct_explanation': 'Article 149 lays down the duties and powers of the CAG, which is to audit the accounts of the Union and the States. So option (b) is the correct answer. A small point of detail: the audit duty is under Article 149, but the submitting of reports is under Article 151. Reports on Union accounts go to the President, who lays them before Parliament, while reports on a State's accounts go to that State's Governor, who lays them before the State legislature.', 'wrong_option_analysis': {'a': 'Wrong: advising on the appointment of judges is not a CAG function; judges are appointed by the President after consultation with the judiciary.', 'c': 'Wrong: elections are conducted by the Election Commission (local body elections by the State Election Commission).', 'd': 'Wrong: supervising the judiciary is not a CAG function.'}}

11. Consider the following: 1. Announcement of freebies by the ruling party 2. Use of government machinery for election campaign 3. Criticism of opponents based on unverified allegations Which of the above are prohibited under the Model Code of Conduct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1, 2, and 3
  4. (d) 1 and 3 only

Answer: (b) 2 and 3 only

The MCC prohibits: (2) use of government machinery for election campaigns — explicitly prohibited; (3) criticism of opponents based on unverified allegations — explicitly prohibited. Regarding (1) announcement of freebies: the MCC prohibits the ruling party from announcing new policies/schemes after the election schedule is announced that could influence voters. However, announcement of freebies by parties in their manifestos is a contested area — the Supreme Court in S. Subramaniam Balaji (2013) held that freebies in manifestos are not corrupt practices. The MCC's prohibition is specifically on the ruling party using government resources for announcements, not on all parties' freebie promises. So (1) as stated is not a clear MCC prohibition in the same way as (2) and (3). The safest answer is (b) 2 and 3 only.

12. With reference to the powers of the Election Commission, consider the following statements: 1. The Commission has the power to order a re-poll in a constituency if there is evidence of booth capturing. 2. The Commission can disqualify a candidate from contesting elections on grounds of corrupt practices. 3. The Commission can issue directions to the government to ensure free and fair elections. Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 1 and 3 only
  3. (c) 2 and 3 only
  4. (d) 1, 2 and 3

Answer: (b) 1 and 3 only

Answer (b) is correct. Statement 1 is correct: if there is proof of booth capturing, the Election Commission can cancel the poll and order a fresh re-poll in that area. Statement 3 is correct: the Commission can give directions to the government to make sure elections are free and fair. The way it works is this. A High Court decides, in an election petition, whether a candidate is guilty of corrupt practices. After that, under Section 8A of the Representation of the People Act, 1951, the President decides the period of disqualification, and the President does this on the opinion of the Election Commission. So the final order comes from the President, not the Commission. Statement 3 is correct, so leaving it out makes this option wrong. Statement 1 is correct, so leaving it out makes this option wrong.

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