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Q45 (IAS/2019) Polity & Governance › Judiciary › Judicial independence Official Key

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?

Result
Your answer:  ·  Correct: B
Explanation

The correct answer is option B because only statement 2 is correct.

**Statement 1 is incorrect:** The 44th Amendment restored judicial independence by re-emphasizing the judiciary's power of review and its role as the guardian of the Constitution.[1] The statement incorrectly attributes the removal of judicial review over the Prime Minister's election to the 44th Amendment. In fact, the 44th Amendment did the opposite—it restored judicial review powers.

**Statement 2 is correct:** The Supreme Court declared the 99th Amendment Act (2014) as unconstitutional and void on the ground that it affects the independence of judiciary, which is one of the components of the basic structure of the constitution.[2] In 2015, the Supreme Court has declared both the 99th Constitutional Amendment as well as the NJAC Act as unconstitutional and void.[3] The 99th Amendment had established the National Judicial Appointments Commission (NJAC), which the Court found violated judicial independence.

Therefore, only statement 2 is correct, making option B the right answer.

Sources
  1. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
  2. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > 1 COMPOSITION AND . APPOINTMENT > p. 286
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
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PROVENANCE & STUDY PATTERN
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10

This is a classic 'Amendment Swap' trap. UPSC attributes an authoritarian provision (actually from the 39th Amendment, Emergency era) to the restorative 44th Amendment (Janata Govt era). Statement 2 is a headline current event (NJAC judgment) that became static history. If you know the 'spirit' of the 44th Amendment (to undo the 42nd/Emergency excesses), Statement 1 is easily eliminated.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Did the 44th Amendment to the Constitution of India introduce an article that placed the election of the Prime Minister beyond judicial review?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"had taken away the power of judicial review of the courts as it abolished the forum without providing for another forum for going into the dispute relating to the validity of election of the Prime Minister. It extinguished the right and the remedy to challenge the validity of such an election. The complaints of improprieties, malpractices and unfair means have to be dealt with as the principle of free and fair elections in a democracy is a basic feature of the Constitution, and thus, clause (4) was declared to be impermissible piece of constitutional amendment."
Why this source?
  • Explicitly states that a clause removed the power of judicial review regarding disputes about the validity of the Prime Minister's election.
  • Says the amendment 'abolished the forum' for such disputes and 'extinguished the right and the remedy to challenge the validity of such an election.'
  • Notes that 'clause (4) was declared to be impermissible', indicating an attempt to place such elections beyond judicial review was made and judicial review was central to the dispute.
Web source
Presence: 4/5
"The 44th Amendment restored judicial independence by re-emphasizing the judiciary's power of review and its role as the guardian of the Constitution."
Why this source?
  • Directly states the 44th Amendment 'restored judicial independence' and 're-emphasiz[ed] the judiciary's power of review', which implies the 44th did not ultimately place elections beyond judicial review.
  • Provides contrasting evidence that the 44th Amendment strengthened judicial review rather than removing it.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 199
Strength: 4/5
“The first step was abortive, namely, that the 43rd Amendment Bill which was introduced in the Lok Sabha in April, 1977, had to be left over till the next Session, hoping to gain some more seats in the Rajya Sahha at the periodical election to be held to that House in the meantime. The changes made by the 43rd and the 44th Amendment Acts are summarised in Table IV, post. Briefly speaking,- (i) The 43rd Amendment Act, 1977, simply repealed those provisions which had been added by the 42nd Amendment Act to curb judicial review, eg, Articles 310, 32A, 144A, 226A, and 228A.”
Why relevant

States that the 43rd Amendment repealed provisions added by the 42nd Amendment 'to curb judicial review', listing Articles such as 32A, 144A, 226A and 228A as examples of such curbs.

How to extend

A student could infer the pattern that the 42nd added court‑exclusion provisions and then check whether the 44th followed that pattern or reversed it (i.e., removed such provisions) by cross‑referencing which specific articles the 44th affected.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 46
Strength: 5/5
“46 INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAP. 4 been mentioned earlier. the balance between Parliamentary Sovereignty and Judicial Review was seriously disturbed, and a drift towards the former was made, by the Constitution (42nd Amendment) Act, 1976, by inserting some new provisions, eg, Articles 3 ID, 32A, 13 1A, I 44A, 226A, 228A, 323A-B, and 329A. The Janata Government, coming to power in 1977, restored the pre-1976 position, to a substantial extent, through the 43rd and 44th Amendments, 1977–78, by repealing the following Articles which had been inserted by the 42nd Amendment—Articles 31D, 32A, 131A, 144A, 226A, 228A, and 329A; and by restoring Article 226 to its original form (substantially).”
Why relevant

Explicitly says the Janata Government 'restored the pre‑1976 position' through the 43rd and 44th Amendments by repealing Articles inserted by the 42nd, and lists Article 329A among those repealed.

How to extend

Since Article 329A (named) was among the 42nd's insertions that were repealed, a student could look up what Article 329A had done (e.g., whether it barred judicial review of certain election disputes) to assess whether the 44th introduced such a bar.

Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 128
Strength: 4/5
“Act (1975) which kept the election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts. The court said that this provision was beyond the amending power of Parliament as it affected the basic structure of the constitution. Again, the Parliament reacted to this judidally innovated doctrine of 'basic structure' by enacting the 42nd Amendment Act (1976). This Act amended Article 368 and declared that there is no limitation on the constituent power of Parliament and no amendment can be questioned in any court on any ground including that of the contravention of any of the Fundamental Rights.”
Why relevant

Notes that a 1975 Act (contextually the 38th Amendment era) 'kept the election disputes involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts', showing that earlier amendments attempted to place certain election matters beyond judicial review.

How to extend

A student can use this as background to ask: did the 44th replicate, undo, or create new exclusions of election disputes (compare the language and articles before and after the 44th)?

Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 174
Strength: 4/5
“In 1975, the then Prime Minister, Indira Gandhi, advised the President to proclaim an emergency without consulting her Cabinet. possibility of the Prime Minister alone thinking a decision in this regard . The 38th Amendment Act of 1975 made the declaration of a National Emergency immune from judicial review. But, this provision was subsequently deleted by the 44th Amendment Act of 1978. Further, in the Minitab/Mills case", (1980), the Supreme Court held that the proclamation of a National Emergency can be challenged in court on the ground of malafide or that the declaration was based on wholly irrelevant and irrelevant facts or is absurd or perverse.”
Why relevant

Gives a specific example of the pattern: the 38th Amendment made certain emergency proclamations immune from judicial review, and the 44th later deleted that immunity—showing the 44th tended to remove judicial‑immunity provisions introduced earlier.

How to extend

From this example of the 44th removing immunity, a student could infer the 44th's general direction (restorative) and so investigate whether it instead introduced any new bar on judicial review for Prime Minister election disputes.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > Indian President compared with American President and English Crown. > p. 231
Strength: 3/5
“The foregoing interpretation was reiterated by the Supreme Court in several later decisions, so that, so far as judicial interpretation was concerned, it was settled that the Indian President is a constitutional head of the Executive like the British Crown. In Rao v Indira's case, a unanimous court observed— The Constituent Assembly did not choose the Presidential system of Government. The Indira Government sought to put the question 'The 42nd Amendment' beyond political controversy, by amending the Constitution itself. Article 74(1) was thus substituted, by the Constitution. (42nd Amendment) Act, 1976: (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice.”
Why relevant

Records that the 42nd Amendment substituted Article 74(1) (reworking executive‑advice provisions) as part of broader 42nd efforts to alter executive/constitutional arrangements—illustrating the 42nd's pattern of constitutional changes that later amendments addressed.

How to extend

Use the example of 42nd's active insertion of new articles to consider whether the 44th was an inserting/amending amendment or primarily a repealing/restorative one, and then check the list of articles the 44th actually added.

Statement 2
Did the Supreme Court of India strike down the 99th Amendment to the Constitution of India on the ground that it violated the independence of the judiciary?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
Presence: 5/5
“And disposing of the above appeals, the five-Judge Bench of the Supreme Court declared the 99th Amendment to be unconstitutional on the grounds that it violates the basic principles of 'Independence of Judiciary' and 'Separation of Powers', which in turn violates the basic structure of the Ind Qualifications for a person shall not be qualified for appointment as a Judge of the Supreme Court unless he is: (a) a citizen of India; and (b) either— (i) a distinguished jurist; or (ii) has been a high court Judge for at least five years; or (iii) has been an Advocate of a high court (or two or more such courts in succession) for at least 10 years [Article 124(3)].”
Why this source?
  • Explicitly states a five-judge Bench declared the 99th Amendment unconstitutional for violating 'Independence of Judiciary' and 'Separation of Powers'.
  • Directly links the invalidation to breach of basic-structure principles including judicial independence.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
Presence: 5/5
“• Me of the Case Na: ; Supreme Court Advocates on Record: ion Association vs. Supreme Court Judgment: It declared the 99th Amendment Act (2014) as unconstitutional and void on the ground that it affects the independence of judiciary, which is one of the components of the basic structure of the constitution. It also declared the National Judicial Appointments Commission Act (2014) as unconstitutional and void. Further, it declared the earlier 'collegium system' of appointment of judges to the Supreme Court and the High Courts to be operative. Impac t of the J udgement: Consequent to this judgement, both the 99th Amendment Act (2014) as well as the Nation a l Judi· c ia l Appo intments Commission Act (20]4) became inva1id.”
Why this source?
  • Says the 99th Amendment Act (2014) was declared unconstitutional and void because it 'affects the independence of judiciary'.
  • Connects the ground of invalidation to the basic structure doctrine and the related NJAC Act being struck down.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > 1 COMPOSITION AND . APPOINTMENT > p. 286
Presence: 4/5
“However, in 2015, the Supreme Court has declared both the 99th Constitutional Amendment as well as the NJAC Act as unconstitutional and void. Consequently, the earlier Collegium system became operative again. (i.e., NJAC) would affect the independence of the judiciary. Appointment of Chief Justice From 1950 to 1973, the practice has been to appoint the senior-most judge of the Supreme Court as the chief justice of India. This established convention was violated in 1973 when A.N. Ray was appointed as the Chief Justice of India by superseding three senior judges. Again in 1977, M.U. Beg was appointed as the chief justice of India by superseding the then senior-most judge.”
Why this source?
  • Confirms the Supreme Court in 2015 declared the 99th Constitutional Amendment and NJAC Act unconstitutional and void.
  • Supports the outcome (struck down) and restoration of the earlier collegium system tied to judicial independence concerns.
Pattern takeaway: UPSC frequently swaps the features of the 42nd (Mini-Constitution) and the 44th (Restoration). Always pause and ask: 'Does this provision restrict rights/courts (likely 42nd/39th) or restore them (likely 44th)?'
How you should have studied
  1. [THE VERDICT]: Sitter mixed with a Trap. Statement 2 is basic current-polity (NJAC). Statement 1 tests your timeline of the Emergency era (38th/39th/42nd vs 44th). Source: Laxmikanth Chapter 'Amendment of the Constitution'.
  2. [THE CONCEPTUAL TRIGGER]: The 'Tug-of-War' between Parliament and Judiciary. Specifically, the timeline of amendments that tried to curb Judicial Review (1971–1976) and those that restored it (1977–1978).
  3. [THE HORIZONTAL EXPANSION]: Memorize the 'Judicial Review' timeline: 1. 38th Amd (1975): Made Emergency declaration non-justiciable. 2. 39th Amd (1975): Placed PM/Speaker election beyond courts (Struck down in Raj Narain case). 3. 42nd Amd (1976): Curtailed writ jurisdiction (Arts 226A, 323A). 4. 44th Amd (1978): Restored Art 226, deleted 'Internal Disturbance', made Emergency justiciable.
  4. [THE STRATEGIC METACOGNITION]: Do not memorize amendments in isolation. Group them by 'Political Intent'. - Amendments 38, 39, 42 = Centralization & curbing Judiciary (Indira Gandhi era). - Amendments 43, 44 = Restoration of checks & balances (Janata Party era). - If a statement says the 44th *curbed* the judiciary, it is historically contradictory.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 44th Amendment — rollback of 42nd Amendment curbs on judicial review
💡 The insight

The 44th Amendment restored pre-1976 judicial-review powers by repealing several provisions that had limited court jurisdiction.

High-yield for UPSC: questions often ask about the constitutional response to the 42nd Amendment and how later amendments restored checks and balances. Mastering this clarifies the trajectory of judicial review in India and links to topics on Parliament vs judiciary and amendment powers.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 199
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 46
🔗 Anchor: "Did the 44th Amendment to the Constitution of India introduce an article that pl..."
📌 Adjacent topic to master
S1
👉 42nd Amendment’s exclusion of judicial review (special articles like 32A, 226A)
💡 The insight

The effort to keep certain disputes (including election disputes) outside courts originated in provisions inserted during the mid-1970s amendments.

Important for UPSC because it explains the origin of attempts to place certain executive/legislative acts beyond courts, connects to the basic-structure doctrine, and helps answer questions on constitutional limits of Parliament’s amending power.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > p. 199
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 4: OUTSTANDING FEATURES OF OUR CONSTITUTION > OUTSTANDING FEATURES OF OUR CONSTITUTION > p. 46
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 128
🔗 Anchor: "Did the 44th Amendment to the Constitution of India introduce an article that pl..."
📌 Adjacent topic to master
S1
👉 44th Amendment changes to emergency and President’s Rule provisions
💡 The insight

The 44th Amendment altered emergency-related provisions (e.g., limiting duration of President’s Rule and restoring reviewability of emergency proclamations), affecting the scope of judicial oversight.

High-yield: questions frequently test emergency provisions, limits on executive power, and the role of Election Commission and courts. Understanding these changes helps in answering questions on Article 356, Article 352, and judicial review of emergencies.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Grounds of Declaration > p. 174
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > p. 420
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Parliamentary Approval and Duration > p. 179
🔗 Anchor: "Did the 44th Amendment to the Constitution of India introduce an article that pl..."
📌 Adjacent topic to master
S2
👉 Basic Structure Doctrine
💡 The insight

Courts can invalidate constitutional amendments that undermine core features like judicial independence and separation of powers.

High-yield for UPSC because many landmark rulings hinge on this doctrine; links constitutional amendment powers (Article 368), judicial review, and limits on Parliament. Mastering this enables answering questions on constitutional limits, landmark judgments, and amendment validity.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 354
🔗 Anchor: "Did the Supreme Court of India strike down the 99th Amendment to the Constitutio..."
📌 Adjacent topic to master
S2
👉 Collegium vs NJAC (Judicial Appointments)
💡 The insight

The 99th Amendment and NJAC sought to replace the collegium; the Court struck them down, restoring the collegium system.

Important for polity questions on appointment of judges, separation of powers, and executive–judiciary relations. Understanding this helps tackle essays, mains questions on reforms, and MCQs about judicial appointments.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > 1 COMPOSITION AND . APPOINTMENT > p. 286
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > COMPOSITION AND APPOINTMENT > p. 354
🔗 Anchor: "Did the Supreme Court of India strike down the 99th Amendment to the Constitutio..."
📌 Adjacent topic to master
S2
👉 Independence of Judiciary as a Constitutional Safeguard
💡 The insight

Protection of judicial independence was the specific ground used to invalidate the 99th Amendment.

Crucial for UPSC because it ties into fundamental structure, judicial review, and checks-and-balances topics. It aids answers on rule of law, institutional autonomy, and why certain reforms face constitutional limits.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 22: THE SUPREME COURT > THE SUPREME COURT > p. 342
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
  • Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 6: JUDICIARY > JUDICIARY AND RIGHTS > p. 139
🔗 Anchor: "Did the Supreme Court of India strike down the 99th Amendment to the Constitutio..."
🌑 The Hidden Trap

The 97th Amendment (Cooperatives) was also partially struck down by the Supreme Court in 2021 (Union of India v. Rajendra Shah) for violating federal principles, just like the 99th was struck down for judicial independence. This is the next logical 'struck down' amendment to track.

⚡ Elimination Cheat Code

Use the 'Historical Spirit' Hack. The 44th Amendment was enacted specifically to *undo* the dictatorial trends of the Emergency. A provision placing the PM's election *beyond* judicial review is an authoritarian move. The 44th would never introduce this; it would only remove it. Thus, Statement 1 must be false.

🔗 Mains Connection

Mains GS2 (Separation of Powers): The striking down of the 99th Amendment is the ultimate example of the 'Counter-Majoritarian' role of the Judiciary—protecting the Basic Structure (Independence of Judiciary) against a unanimous legislative will.

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SIMILAR QUESTIONS

CDS-I · 2006 · Q120 Relevance score: 2.17

Consider the following statements 1. In India, the Union can legislate on subjects on the State List only during emergency. 2. The words ‘socialist’ and ‘secular ’ were added to the Preamble of the Constitution of India by the 46th Amendment. Which of the statements given above is/ are correct ?

IAS · 2020 · Q83 Relevance score: 2.14

Consider the following statements : 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy. 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based. Which of the statements given above is/are correct ?

IAS · 2015 · Q44 Relevance score: 1.86

Consider the following statements : 1. The Executive Power of the Union of India is vested in the Prime Minister. 2. The Prime Minister is the ex officio Chairman of the Civil Services Board. Which of the statements given above is/are correct?

IAS · 2013 · Q36 Relevance score: 1.76

Consider the following statements: 1. An amendment to the Constitution of India can be initiated by an introduction of a bill in the Lok Sabha only. 2. If such an amendment seeks to make changes in the federal character of the Constitution, the amendment also requires to be ratified by the legislature of all the States of India. Which of the statements given above is/are correct?