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Constitutional Amendments
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UPSC Prelims 2019 Paper-1 📅 02 Jun, 2019

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 judiciary.

Which of the statements given above is/are correct?

A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Result Summary
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UPSC Prelims
2019 • 02 Jun, 2019 • Paper-1
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 judiciary.

Which of the statements given above is/are correct?
Correct Answer
2 only
Statement 1 Analysis: This is factually incorrect. It was the 39th Amendment Act (passed during the Emergency in 1975), not the 44th Amendment, that attempted t......
Ref/Book : UPSC Prelims 2019
Ref. Subject Polity
Chapter -
Ref. Topic Constitutional Amendments
Pg. No -
💡 Analysis & Explanation
Statement 1 Analysis ▼
This is factually incorrect. It was the 39th Amendment Act (passed during the Emergency in 1975), not the 44th Amendment, that attempted to place the disputes regarding the election of the Prime Minister (and Speaker) beyond the jurisdiction of the courts.
Statement 2 Analysis ▼
This is completely correct. The 99th Constitutional Amendment Act established the National Judicial Appointments Commission (NJAC). In 2015, the Supreme Court struck it down entirely, declaring it unconstitutional because it compromised the independence of the judiciary, a basic feature of the Constitution.
Conclusion ▼
Only statement 2 is valid, making option B the correct answer.
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