Consider the following statements :1. The 44th Amendment to the Consti...
"Keeping election of the Prime Minister beyond judicial review" is a wrong statement 99th Amendment had replaced the collegium system of appointing judges to the Supreme Court and High Courts with a new body called the National Judicial Appointments Commission (NJAC). In 2015, SC held "ultra vires" the 99th Constitutional Amendment Act and the NJAC Act. So, #2 is right.
View all questions of this test
Consider the following statements :1. The 44th Amendment to the Consti...
The 44th Amendment and Judicial Review
• The 44th Amendment to the Constitution of India was passed in 1978. It introduced several changes to the Constitution, including the modification of Article 368, which deals with the procedure for amending the Constitution.
• However, the amendment did not introduce any new Article placing the election of the Prime Minister beyond judicial review. Therefore, statement 1 is incorrect.
The 99th Amendment and Independence of Judiciary
• The 99th Amendment to the Constitution of India was passed in 2014. It introduced the National Judicial Appointments Commission (NJAC) to replace the existing system of appointment of judges.
• However, the Supreme Court of India, in a landmark judgment in 2015, struck down the 99th Amendment as being violative of the independence of the judiciary. The court held that the NJAC would undermine the independence of the judiciary and would not be compatible with the basic structure of the Constitution.
• Therefore, statement 2 is correct.
Conclusion
• In conclusion, only statement 2 is correct. The 44th Amendment did not introduce any new Article placing the election of the Prime Minister beyond judicial review, and the Supreme Court struck down the 99th Amendment as being violative of the independence of the judiciary.
Consider the following statements :1. The 44th Amendment to the Consti...
Right ans is a
2 only