Prelims 2019 · Polity and Constitution · Question 85
Consider the following statements:<br/>1. The 44th Amendment to the Constitution of India introduced an Article placing the election of the Prime Minister beyond judicial review.<br/>2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.<br/><br/>Which of the statements given above is/are correct?
Answer
2 only
1. Incorrect. The 39th Amendment (1975) inserted Article 329A, which sought to place the election of the Prime Minister/Speaker beyond judicial review. The 44th Amendment did not do this; Article 329A was later removed.
2. Correct. In the NJAC case (2015), the Supreme Court struck down the 99th Constitutional Amendment as violating the independence of the judiciary, a part of the basic structure.
Therefore, only statement 2 is correct.