Question map
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?
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 oppositeâit 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- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION CASE (2015) > p. 640
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 26: Supreme Court > 1 COMPOSITION AND . APPOINTMENT > p. 286
PROVENANCE & STUDY PATTERN
Guest previewThis 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.
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?
- 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?
- 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.
- 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.
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.
A student could infer the pattern that the 42nd added courtâexclusion provisions and then check whether the 44th followed that pattern or reversed it (i.e., removed such provisions) by crossâreferencing which specific articles the 44th affected.
Explicitly says the Janata Government 'restored the preâ1976 position' through the 43rd and 44th Amendments by repealing Articles inserted by the 42nd, and lists Article 329A among those repealed.
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.
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.
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)?
Gives a specific example of the pattern: the 38th Amendment made certain emergency proclamations immune from judicial review, and the 44th later deleted that immunityâshowing the 44th tended to remove judicialâimmunity provisions introduced earlier.
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.
Records that the 42nd Amendment substituted Article 74(1) (reworking executiveâadvice provisions) as part of broader 42nd efforts to alter executive/constitutional arrangementsâillustrating the 42nd's pattern of constitutional changes that later amendments addressed.
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.
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