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?
- (a) 1 only
- (b) 2 only ✓ UPSC's answer
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Why the answer is (b)
• Statement 1 is wrong: it was the 39th Amendment (1975), during the Emergency, that inserted Article 329A placing the election of the Prime Minister and Speaker beyond judicial review; the Supreme Court struck this down in Indira Gandhi v. Raj Narain (1975), and the 44th Amendment (1978) repealed it.
• Statement 2 is correct: in the NJAC case (Supreme Court Advocates-on-Record Association v. Union of India, 2015) a five-judge bench struck down the 99th Amendment and the NJAC Act for violating judicial independence, part of the basic structure.
• Hence 2 only, option (b).
Why the other options are wrong
- (a) 1 only
- Statement 1 is wrong: it was the 39th Amendment, which the 44th repealed.
- (c) Both 1 and 2
- Statement 1 is wrong.
- (d) Neither 1 nor 2
- Statement 2 is correct: the NJAC amendment was struck down.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2019, held on 2 June 2019. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.