Constitutional amendments and judicial review
Question
Consider the following statements:
Which of the statements given above is/are correct?
- 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.
Options
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Explanation
Statement 1 is incorrect. The 44th Amendment (1978) did not introduce an article placing PM election beyond judicial review. Statement 2 is correct. The 99th Amendment (2014), which sought to establish the National Judicial Appointments Commission (NJAC), was struck down by the Supreme Court in October 2015 as unconstitutional and violative of judicial independence. The Court held that the Constitution's basic structure included judicial independence and the collegium system for judicial appointments. The NJAC would have given the executive (through the government) power to appoint judges, which violated the independence of the judiciary. > The 99th Amendment creating NJAC was struck down by the SC for violating judicial independence. Answer: (b).
Question details
Year
2019
Paper
GS Paper 1
Question
Q45
Subject
Polity
Sub-topic
Constitutional amendments and Supreme Court
Type
Statement-based
Difficulty
Hard
Nature
Hybrid
Source hint
UPSC Current Affairs 2018-2019; Constitution of India
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