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 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- [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
Full viewThis 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 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.
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.
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 immunity—showing the 44th tended to remove judicial‑immunity 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 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.
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.
- 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.
- 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.
- 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.
- [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'.
- [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).
- [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.
- [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.
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
- 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
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.
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 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.