Prelims › Past Papers
Q45·GS Paper 1 · Prelims 2019

Constitutional amendments and judicial review

PolityConstitutional amendments and Supreme CourtStatement-basedHardHybrid

Question

Consider the following statements:

1The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.
2The 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?

  1. 1.

    The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

  2. 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

a

1 only

b

2 only

Answer
c

Both 1 and 2

d

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

See all questions on Constitutional amendments and Supreme Court

Browse every tagged question across all years

Explore →