UPSC Previous Year Question | Prelims GS | 2019

Consider the following statements: 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review. 2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer

Correct Answer

2 only

Explanation

The provision placing the Prime Minister's election beyond judicial review came through the 39th Amendment (1975; Article 329A), and it was struck down by the Supreme Court and later removed - the 44th Amendment (1978) did not introduce such an Article. The 99th Amendment (and the NJAC Act) was struck down by the Supreme Court in 2015 as violating judicial independence, so statement 2 is correct.

Topics: 39th/44th/99th amendments and the njac case, constitutional amendments, important amendments and judgments, polity