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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 the judiciary.
Which of the statements given above is/are correct? (2019)
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. The 44th Amendment to the Consti...
< b="" />Explanation:< />

The correct answer is option 'B' - 2 only. Let's analyze each statement individually.

< b="" />Statement 1:< /> The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.

This statement is not correct. The 44th Amendment to the Constitution of India was passed in 1978 and it primarily focused on several aspects like the right to property, restrictions on fundamental rights, and the power of the President to declare an emergency. However, it did not introduce any Article placing the election of the Prime Minister beyond judicial review. The election of the Prime Minister is subject to judicial review, just like any other constitutional function.

< b="" />Statement 2:< /> The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of the judiciary.

This statement is correct. The 99th Amendment to the Constitution of India, passed in 2014, aimed to establish the National Judicial Appointments Commission (NJAC) for the appointment and transfer of judges in the higher judiciary. However, the Supreme Court, in its judgment in the case of Supreme Court Advocates-on-Record Association v. Union of India, struck down the 99th Amendment as being violative of the independence of the judiciary. The Court held that the NJAC would compromise the independence of the judiciary and declared it unconstitutional.

Therefore, the correct answer is option 'B' - 2 only.
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Community Answer
Consider the following statements:1. The 44th Amendment to the Consti...
S1: The Thirty-ninth Amendment of the Constitution of India, enacted on 10 August 1975, placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts. It was passed during the Emergency of 1975–1977.
S2: 99th CA would have established the National Judicial Appointments Commission. But, in 2015, the Constitution Bench of Supreme Court by 4:1 Majority upheld the collegium system and struck down the NJAC as unconstitutional.
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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 the judiciary.Which of the statements given above is/are correct? (2019)a) 1 only b) 2 only c) Both 1 and 2 d) Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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