Election Commission

Total Questions: 55

21. While deciding any question relating the disqualification of a Member of Parliament, the President shall obtain the opinion of [U.P.P.C.S. (Pre) 2015]

(a) Chief Justice of India
(b) Election Commission of India
(c) Attorney General of India
(d) Speaker of the Lok Sabha

Correct Answer: (b) Election Commission of India

Solution:According to Article 103 of the Indian Constitution, the dispute regarding the disqualification of a member of Parliament shall be referred to the decision of the President, and his decision shall be final. Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act accordingly to such opinion. Thus option (d) is the correct answer.

22. Under Article 103 of the Constitution of India, the President shall obtain the opinion of which of the following authority before giving any decision on any question regarding the disqualification of the members of the Lok Sabha? [R.A.S./R.T.S. (Pre) 2021]

(a) Speaker of the Lok Sabha
(b) Election Commission
(c) Supreme Court
(d) Attorney General

Correct Answer: (b) Election Commission

Solution:As per Article 103, If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred to the decision of the President, and his decision shall be final. Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion. Hence option (2) is correct.

23. If in an election to a State Legislative Assembly the candidate who is declared elected loses his deposit, it means that - [I.A.S. (Pre) 1995]

(a) The polling was very poor.
(b) The election was for a multi-member constituency.
(c) The elected candidate's victory over his nearest rival was very marginal.
(d) A very large number of candidates contested.

Correct Answer: (d) A very large number of candidates contested.

Solution:Each candidate has to deposit security, and a defeated candidate who fails to secure more than one-sixth of the valid votes polled in the constituency will lose his security deposit. It may be possible if a large number of candidates contest the election and the votes get distributed.

24. The decision to disqualify the person declared convict by the Court to contest the elections has been made by- [I.A.S. (Pre) 2009]

(a) The Government of India
(b) The Supreme Court
(c) The Election Commission
(d) The Parliament

Correct Answer: (d) The Parliament

Solution:The decision to disqualify a person, declared convict by the Court to contest the election, was given by the Parliament. According to Section 8(3) of the Representation of People Act, 1951 made by the Parliament a person convicted of any offence and sentenced to imprisonment for not less than 2 years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of 6 years after his release.

25. Given below are two statements: [U.P.P.C.S. (Pre) 2017]

Assertion (A): Model code of conduct is to be followed by political parties as soon as an election is announced.

Reason (R) : Model code of conduct was enacted by Parliament.

Choose the correct answer from the code given below:

Code:

(a) Both (A) and (R) are true and (R) is the correct explanation of (A).
(b) Both (A) and (R) are true and (R) is not the correct explanation of (A).
(c) (A) is true but (R) is false.
(d) (A) is false but (R) is true.

Correct Answer: (c) (A) is true but (R) is false.

Solution:The Model code of conduct is a set of guidelines for the guidance of political parties and candidates during elections, mainly with respect to speeches, polling booths, processions, manifestos and general conduct. The model code of conduct has been formulated by the Election Commission of India. The Model Code of conduct comes into force immediately on the announcement of the election schedule by the Election commission for ensuring free and fair elections.

26. Right to Vote and to be Elected in India is a- [I.A.S. (Pre) 2017, U.P.U.D.A./L.D.A. (Pre) 2013]

(a) Fundamental Right
(b) Constitutional Right
(c) Natural Right
(d) Legal Right

Correct Answer: (d) Legal Right

27. Right to Vote and Right to be elected in India is a – [U.P.P.C.S. (Mains) 2010]

(a) Constitutional Right
(b) Fundamental Right
(c) Legal Right under an Act
(d) None of the above

Correct Answer: (c) Legal Right under an Act

Solution:The right to vote and the right to be elected is a legal right in India. The Supreme Court pointed out the difference between a legal right and a fundamental right in a number of cases. Some significant differences are: (a) A legal right is the offshoot of the ordinary law framed by the Legislature, whereas fundamental rights are of a transcendental character. These are protected against any violation of any authority. (b) A fundamental Right cannot be waived, whereas there are instances where a legal right has been violated. (c) An ordinary legal right can be taken away by the State, whereas the fundamental rights are placed beyond the reach of the State except as provided by the Constitution.09

28. The Right to Vote in India is a [U.P.P.C.S. (Pre) (Re. Exam) 2015]

(a) Fundamental Right
(b) Constitutional Right
(c) Natural Right
(d) Legal Right

Correct Answer: (d) Legal Right

Solution:The right to vote in India is a legal right. In 2009, in the case of Kuldip Nayar Vs. Union of India, the Supreme Court, held that the Right to Vote is neither a Constitutional right nor a fundamental right. It is merely a statutory/ legal right.

29. Voting right by the youths at the age of 18 years was exercised for the first time in the General Election of [U.P.P.C.S (Pre) 2011]

(a) 1987
(b) 1988
(c) 1989
(d) 1990

Solution:61st Constitutional Amendment Act, 1988, reduced the age for the Right to Vote from 21 years to 18 years, which came into force on March 28, 1989. The right to vote was primarily used by the youths in November, 1989 in the General Elections of Lok Sabha.

30. The Lower age limit of voters of Union and State Legislature was reduced from 21 years to 18 years by [Chhattisgarh P.C.S. (Pre) 2011, 48th to 52nd B.P.S.C. (Pre) 2008, U.P.P.C.S. (Spl) (Mains) 2004, 41st B.P.S.C. (Pre) 1996]

(a) 57th Amendment, 1987
(b) 60th Amendment, 1988
(c) 61st Amendment, 1989
(d) 65th Amendment, 1990

Correct Answer: (c) 61st Amendment, 1989

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