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

examrobotsa's picture
Q: 85 (IAS/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?

question_subject: 

Polity

question_exam: 

IAS

stats: 

0,114,46,4,114,19,23

keywords: 

{'99th amendment': [0, 0, 0, 1], '44th amendment': [1, 0, 1, 0], 'constitution': [39, 3, 11, 39], 'judiciary': [1, 0, 0, 2], 'judicial review': [3, 0, 0, 2], 'supreme court': [12, 1, 4, 14], 'independence': [1, 0, 1, 2], 'prime minister': [6, 3, 0, 4], 'election': [0, 1, 0, 0]}

The correct answer is b.

Statement 1 is incorrect. The 44th Amendment Act of 1978 introduced several changes to the Constitution, but it did not include any provision that places the election of the Prime Minister beyond judicial review.

Statement 2 is correct. The 99th Amendment to the Constitution, which was passed in 2014, created the National Judicial Appointments Commission (NJAC) to appoint judges to higher courts. The Supreme Court struck down the NJAC in 2015, ruling that it was violative of the independence of the judiciary.